HYDERABAD: Suspended BIP MLA T. Raja Singh secured bail on Tuesday after the court pointed out that the Mangalhat police had failed to serve him notice under Section 41 of the Criminal Procedure Code. A day later, the police were yet to serve him the notice.
The notice acts as a crucial aspect to secure the MLA’s arrest and remand.
On Monday, cases were booked against Singh in Mangalhat, Jeedimetla, Bahadurpura, Dabeerpura and Balanagar police stations in Hyderabad and Cyberabad, apart from Sangareddy and Nizamabad districts. On Tuesday, Nampally, Rajendranagar and Malakpet police booked similar cases against him.
Speaking to Deccan Chronicle, K. Karunasagar, counsel representing Singh, said, “So far, nobody has served him the notice, even though all the sections booked against him attract jail time of less than seven years.”
The advocate, who has been allegedly receiving death threats over the phone for representing Singh, said, “I have lodged a complaint with the Saidabad police against the threat calls. The situation is very volatile,” he added.
Asked about the lack of notice, Mangalhat station house officer N. Ravi said, “After all the other procedures are done, we will serve notice to Raja Singh.” He refused to elaborate.
Speaking about Singh’s bail, senior advocate L. Ravichander said it was the failure of the police in not serving the notice, which was a basic procedure.
“It is obvious that it was a goof-up. Every police station should follow the Supreme Court guidelines. The procedure is to send the notice for the accused to appear before the cops and the police can arrest him only if he fails to comply with the notice. Since no such thing was done, the judge has no option but to provide bail. One cannot simply go against the law to arrest a person. Raja Singh has rights as everyone else in the country,” Ravichander said.
