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:5582 of 2014 Between:
Gabbada Raju @ Raju Babu S/o. Ramannadora . Petitioner/Accused No.3 AND The Station House officer, V.Madugula P.S., Visakhapatnam District. And State Rep. by Public Prosecutor, High Court 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 Petitioner/Accused No. 3 on bail in the event of his arrest by the respondent V.Madugula P.S., Visakhapatnam District, in Cr. No. 4/2014;
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 Petitioner and of the Public Prosecutor, for the Respondent, the Court made the following.
ORDER:
“The petitioner-A3 seeks for grant of anticipatory bail. He allegedly committed an offence under the provisions of the NDPS Act.
It is the case of the prosecution that A1 was apprehended with as much as 1000 kgs of Ganja. The prosecution further alleged that A1 confessed the name of the petitioner, who is the owner of the Bolero vehicle from which the contraband was seized.
Learned Additional Public Prosecutor submitted that in view of the huge quantity involved in the case, it cannot be appropriate to enlarge the petitioner on anticipatory bail.
Learned counsel for the petitioner submitted that nothing was recovered from the petitioner and that the petitioner was not even arrested at the time of recovery of the contraband. He further submitted that the case was foisted against the petitioner on the basis of the confessional statement of A1.
In view of the fact that the petitioner was not arrested along with A1 and he has been impleaded on the basis of the confessional statement of A1, I consider it appropriate to enlarge the petitioner on anticipatory bail. However, in view of the huge quantity of contraband involved in this case, I consider it appropriate to enlarge the petitioner on anticipatory bail on terms only.
Consequently, this Criminal Petition is allowed. The petitioner-A3 shall surrender before the Station House Officer, V.Madugula P.S., Visakhapatnam District, within two (2) weeks from today. On such surrender, he shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to the satisfaction of the said Station House Officer. After his release, the petitioner-A3 shall appear before the Station House Officer, V.Madugula 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 Judicial First Class Magistrate, V.Madgula, Visakhapatnam
2. The Station House Officer, V.Madugula Police Station, 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. 5582 OF 2014 DIRECTION