IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN : PRESENT:
THE HON’BLE DR JUSTICE: K.G.SHANKAR CRIMINAL PETITION No. 4325 of 2014 Between:
1. Mahendra Tan Singh Girasi, S/o. Tan Singh, Occ: Driver, R/o. Dundeja, Chindakada Thaluka, Duliea District, Maharashtra.
2. Babulal Mouri, S/o. Dondu, Occ: Driver, R/o. Thadipura, Jalagoan District, Maharashtra.
.. Petitioners (Accused 1 & 2 in Cr.No.42/2014 of P.S. Nellikuduru, Warangal District) AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.
Respondent/Complainant Petition under Sections 437 and 439 of Cr. P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to release the petitioners on bail in Crime No. 42 of 2014 on the file of Police Station, Nellikuduru, Warangal District.
The Petition coming on for hearing upon perusing the petition and grounds filed herein and upon hearing the arguments of Sri A.Prabhakar Rao, Advocate for the Petitioners and of the Addl. Public Prosecutor for the Respondent, the Court made the following ORDER:
“ Petitioners are A1 and A2. They seek for grant of bail. They allegedly committed offences under the provisions of NDPS Act.
48 Kgs of Ganja was seized from the vehicle in which the petitioners were travelling. 4 persons were travelling in the vehicle and out of which, two persons ran away when police intercepted the vehicle. The present petitioners, who are A1 and A2 were caught.
The learned counsel for the petitioners contended that even if the story of the prosecution is true, each of the accused shall be considered to be possessing less than commercial quantity of the contraband if the contraband is distributed equally between the four persons, who were in the vehicle when the police intercepted the vehicle.
The learned Additional Public Prosecutor submitted that the petitioners are regular trafficors of Ganja. However, it is the claim of the learned counsel for the petitioners that there are no cases against the petitioners. I, therefore, consider it appropriate to enlarge the petitioners on bail. However, in view of the contention of the learned Additional Public Prosecutor, I deem it appropriate to enlarge the petitioners on bail only on terms.
Accordingly, this Criminal Petition is allowed. The petitioners are enlarged on bail on a personal bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties each, out of whom one should be a local surety, in a likesum to the satisfaction of the learned Judicial Magistrate of First Class, Thorrur. After their release, the petitioners shall appear before the SHO, Chindakada Taluq Police Station, Duliea District, Maharashtra on every day between 9.00 AM and 6.00 PM for a period of three months.”
Sd/- N.PURUSHOTHAM REDDY ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR ..2..
To
1. The Judicial Magistrate of First Class, Thorrur, Warangal District.
2. The Special Sessions Judge for NDPS Cases (I Additional Sessions Judge), Warangal.
3. The Superintendent, Central Jail, Warangal.
4. The SHO, Nellikuduru Polcie Station, Warangal District.
5. The SHO, Chandikada Taluq Police Station, Duliea District, Maharashtra.
6. Two CCs to the Public Prosecutor, High Court of A.P.Hyd(OUT)
7. One CC to Sri A.Prabhakar Rao, Advocate (OPUC)
8. One spare copy.
SAH HIGH COURT Dr.KGSJ DATED: 17-04-2014 ORDER CRL.P.NO. 4325 OF 2014 BAIL GRANTED DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 17-04-2014 HIGH COURT Dr.KGSJ DATED: 17-04-2014 ORDER CRL.P.NO. 4325 OF 2014 BAIL GRANTED