IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CRL.P. NO:5586 of 2014 Between:
1 Adikari Kurma Rao S/o Appa Rao
2 Devaraju Srinu, S/o Ramu . Petitioners/Accused No. 2 & 3 AND The Station House Officer Yelamanchili [R] P.S., Visakhapatnam District and State rep by Public Prosecutor, High of A.P., Hyderabad . Respondent Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioners/Accused No.2 & 3 on bail in the event of their arrest by the respondent Yelamanchili [R] P.S., Visakhapatnam District, in Cr.No.19/2014.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri G.Venkata Reddy, Advocate for the Petitioners and of the Addl. Public Prosecutor for the Respondent, the Court made the following.
ORDER:
“This criminal petition is filed under Section 438 Cr.P.C. seeking anticipatory bail to the petitioners/A2 & A3 in connection with Crime No.19 of 2014 of Yelamanchili (R) Police Station, Visakhapatnam District registered for the offences punishable under Section 20(b)(i) of NDPS Act.
Heard the learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the respondent- State.
It is the case of the prosecution that A1 was apprehended with as much as 120 kgs of Ganja. The prosecution further alleged that A1 confessed the names of the petitioners as the persons, who purchased Ganja from the agency area and that Ganja was being transported to Vijayawada.
Learned Additional Public Prosecutor submitted that in view of the quantity involved in the case, it cannot be appropriate to enlarge the petitioners on anticipatory bail.
Learned counsel for the petitioners submitted that nothing was recovered from the petitioners and that the petitioners were not even arrested at the time of recovery of the contraband. He further submitted that case was foisted against the petitioners on the basis of the confessional statement of A1.
In view of the fact that the petitioners were not arrested along with A1 and have been impleaded on the basis of the confessional statement of A1, I consider it appropriate to enlarge the petitioners on anticipatory bail. However, in view of the huge quantity of contraband involved in this case, I consider it appropriate to enlarge the petitioners on anticipatory bail on certain conditions only.
Consequently, this Criminal Petition is allowed. The petitioners-A2 & A3 shall surrender before the jurisdictional Magistrate within two (2) weeks from today. On such surrender, the learned Magistrate shall enlarge the petitioners-A2 & A3 on bail on a bond of Rs.10,000/- (Rupees ten thousand only) each with two sureties in a like sum each to his satisfaction. After their release, the petitioners-A2 & A3 shall appear before the Station House Officer, Yelamanchili (R) Police Station, Visakhapatnam District, on every Monday, Wednesday and Friday between 9 am to 6 pm, for a period of three (3) months.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Addl. Judicial First Class Magistrate, Yelamanchili, Visakhapatnam
2. The Station House Officer, Yelamanchili (R) P.S., Visakhapatnam District
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
4. one CC to Sri G. Venkata Reddy, Advocate (OPUC)
5. One Spare Copy HIGH COURT AB DRAFTED ON 29-5-2014 CKRJ DATE: 29-5-2014 ORDER CRL.P. NO. 5586 OF 2014 DIRECTION