HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3794 OF 2010 Date:26.04.2010 Between: Chetta Venugopal Reddy and another …..Petitioners And: The State of AP., rep., by PP and another …..Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3794 OF 2010 ORDER: This petition is filed questioning issuance of non-bailable warrants against the petitioners 1 and 2/A-1 and A-2 in C.F.R.No.8033 of 2009 in P.R.C.No.30 of 2010 relating to offences punishable under Sections 323, 354 IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short, the Act). It is stated that after investigation, the police referred the case as false and that subsequently protest petition was filed and that after enquiry on the protest petition, the case was taken on file by the lower court for only offence punishable under Section 3(i)(x) of the Act. The petitioner’s counsel placed reliance on Inder Mohan Goswami v. State of Uttaranchal[1] of the Supreme Court and contended that the lower court should have issued summonses to the accused in the beginning and in case there is disobedience of summonses by way of non-appearance, then the lower court should have issued bailable warrants and thereafter non-bailable warrants. Perhaps, the lower court issued non-bailable warrants straight away having regard to Section 204(1)(b) of Cr.P.C. It would be sufficient if after the petitioners appeared before the lower court offered security for their presence. Whether summonses are issued or non-bailable warrants are issued, the purpose is only securing their presence. In the circumstances, the petitioners 1 and 2 are directed to appear before the lower court on 03.06.2010, in which event they shall be released on bail on executing personal bonds for Rs.5,000/- (Rupees five thousand only) each together with two sureties each for the like sum each to the satisfaction of the lower court. The petition is ordered accordingly. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:26.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3794 OF 2010 Date:26.04.2010 Gk. [1] AIR 2008 Supreme Court 251