THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.12801 OF 2011 ORDER: This petition is filed under Section 438 of the Criminal Procedure Code to grant anticipatory bail to the petitioners/A.9 and A.10 in Crime No.8 of 2011 of Sabbavaram Police Station, Visakhapatnam District. 2. The offence is said to have taken place on 15.01.2011. As per the information furnished by the Public Prosecutor, the charge sheet was filed on 31.05.2011. The learned counsel for the petitioners represents that the II Additional Metropolitan Magistrate, Anakapalli, has returned the charge sheet on the ground that A.8 to A.11 are to be produced. 3. Evidently till this date the police have neither arrested the accused nor re-submitted the charge sheet. It appears that it is an effort for facilitating the accused persons to get the bail and till then the police may not be re-presenting charge sheet. It is not as though the petitioners have no knowledge about the crime. The petitioners having knowledge that the charge sheet was filed in May, 2011, the 1st anticipatory bail application was filed before the District & Sessions Judge, Visakhapatnam in November, 2011, where-under the learned Sessions Judge has directed the petitioners to surrender and move for bail. That being the position, the accused are only trying to take their own way of getting bail from the Court. It is not a case for grant of anticipatory bail where a group of persons, in which the accused are involved, are said to have attacked the police constables when they were tried to apprehend while playing game, which was prohibited and consequently the petition is to be dismissed. 4. There is no ambiguity in the order of the learned Sessions Judge when he refers to the trial Court since the direction given further shows that the Magistrate shall dispose of the application meaning that the petitioner shall surrender before the Court of the concerned Magistrate. Accordingly, the Criminal Petition is dismissed. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:14-12-2011 INL