IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Between:
:PRESENT:
THE HON'BLE DR. JUSTICE K.G.SHANKAR CRL.P. NO:4607 of 2014 Gollavelli Jiyyanna, S/o. Borayya, . Petitioner/Accused No.1 AND The State of A.P., The Station House officer, Koyyuru 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.1 on bail in the event of his arrest by the respondent Koyyuru P.S., Visakhapatnam District, in Cr.No.26/2012.,;
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 is A1. He seeks for grant of anticipatory bail. He allegedly committed an offence under the provisions of the Narcotic Drugs and Psychotropic Substances Act. As much as 327 kgs., of ganja was seized from A3 to A5. Two persons escaped from the police clutches at the time of their ride. The petitioner is alleged to be one among them.
Learned counsel for the petitioner submitted that no contraband was seized from the possession of the petitioner and that the case was registered against the petitioner on the basis of the confessional statement of the other accused. Where no contraband was seized from the petitioner, I therefore consider it appropriate to enlarge the petitioner on anticipatory bail.
Hence, this Petition is allowed. The petitioner shall surrender before the Judicial Magistrate of First Class, Chintapalli, Visakhapatnam District, within two weeks from today. On such surrender, the learned Judicial Magistrate of First Class, Chintapalli, Visakhapatnam District, shall enlarge the petitioner on bail on a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties in a like sum to his satisfaction.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Metropolitan Sessions Judge cum Special Judge to try offence under NDPS Act, Visakhapatnam
2. The Judicial Magistrate of First Class, Chintapalli, Visakhapatnam District
3. The Station House Officer, Koyyuru Police Station, Visakhapatnam
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
5. one CC to Sri G.Venkata Reddy, Advocate (OPUC)
6. one Spare Copy HIGH COURT AB DRAFTED ON 29-4-2014 DR.KGSJ DATE: 28-4-2014 ORDER CRL.P. NO. 4607 OF 2014 DIRECTION