AVULA MUNIRATNAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Aggrieved by the order dtd. 24/12/2019 passed by learned single Judge in W.P.No.19399 of 2019, this writ appeal has been preferred by the appellants/writ petitioners.

(2.) Heard the learned counsel for the appellants as well as the learned Government Pleader for Home appearing for respondents No.1 to 3.

(3.) The crux of the matter is that two cases viz., C.C.No.273 of 2019 for the offences punishable under Ss. 324, 323, 290, 506 r/w 34 IPC and C.C.No.406 of 2019 for the offences punishable under Ss. 147, 341, 323, 506 and 509 r/w 149 IPC were registered against the appellants and on the basis of those cases, the police are making surveillance all the time on the appellants. The said recourse is against the provisions of Article 21 of the Constitution of India, by which it is clear that no person shall be deprived of his life or personal liberty except according to a procedure established by law. Merely on registration of those cases, making surveillance at all times on the appellants is not permissible. It is made clear that if the police want to have the presence of the appellants in connection with the above cases, they are at liberty to call them to the police station once in three months by fixing a date. Otherwise, the way, in which the surveillance is being made would amount to interference with day-to-day affairs and personal liberty of a person.