Prophet remarks: BJP MLA Raja Singh gets bail over legal glitch

Hyderabad: BJP MLA T Raja Singh was granted bail by the 14th Additional Chief Metropolitan Magistrate at Nampally Metropolitan Criminal courts shortly after his arrest.

The defence counsel, K Karuna Sagar had moved a bail petition before the court and brought up several irregularities in the procedure of arrest. Further, the lawyer argued that the Hyderabad police did not comply with the Supreme court guidelines with regard to Singh’s arrest.

The Magistrate rejected the police remand on technical grounds.

While Raja Singh was being produced, the defence lawyers pointed out that the Hyderabad police did not follow the guidelines laid down by the Supreme court by serving a notice to the accused under section 41A of CrPc (the notice of appearance before a police officer in all the cases where the arrest of a person is not required) which is mandated under the law.

Legalities of Raja Singh’s bail:

As per the Arnesh Kumar judgment, the arrest should be the exception where the offence is punishable with less than 7 years imprisonment, and notice for appearance under Section 41A CrPC (Code of Criminal Procedure) should be served on the accused in such cases instead of arrest.

As per Section 41A of the Code of Criminal Procedure(CrPc) if any police officer requires the participation of any individual who is not required to be fundamentally arrested under Section 41(1) of CrPC or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, the official can give a notice for the equivalent.

The individual to whom the notice is served is obligated to show up at the specified place and time. The individual confirming to the notice will not be arrested except if in any case considered fit by the Police for which the official is duty-bound to record reasons in writing. Inability to consent to the Notice is a ground for arrest.

Section 295A: Shall be punished with imprisonment of either description for a term which may extend to 4 [three years], or with fine, or with both.]

While Singh was being produced before the court, elaborate security arrangements were made at Nampally metropolitan courts and the roads leading to the court were barricaded to avoid any fresh protests.