VIJAYAWADA: Andhra Pradesh High Court has said that anticipatory bail petition filed after the police has served notices under Section 41A of CrPC has maintainability. The court made these observations while dealing with an anticipatory bail petition filed by P Udaybhushan of Visakhapatnam against whom a case was registered by Pulivendula police.
The case was registered against the petitioner for his alleged defamatory posts against APCC chief YS Sharmila and slain former minister YS Viveka’s daughter YS Suneetha Reddy by creating fake facebook IDs. The police have served 41(A) notices against Udaybhushan following which he had sought anticipatory bail before the High Court.
Petitioners counsel PVG Umesh Chandra informed the court that the Pulivendula police have shifted the petitioner from Visakhapatnam to Pulivendula even as they can serve 41 A notices. The petitioner was confined in the police station and the complainant in the case, P Ravindra Reddy, had threatened to harm the petitioner, the counsel said.
Umesh Chandra said the petitioner did not appear before the police even after notices have been served in view of his previous experience. Umesh Chandra said that there is a possibility of the petitioner being arrested and prayed for anticipatory bail.
The police objected to grant bail as they have served 41A notices. Stating that the petition has maintainability, justice T Mallikarjuna Rao granted anticipatory bail to the petitioner.
The court asked the petitioner to appear before the Station House Officer of the Pulivendula police station and produce sureties. The court also asked the petitioner to appear before the Kadapa district Superintendent of Police every 15 days for three months.