IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Between:
:PRESENT:
THE HON'BLE DR. JUSTICE K.G.SHANKAR CRL.P. NO:3709 of 2014 Puli Vijaya Kumar S/o. Prema Nanda Rao, . Petitioner/Accused No.3 AND The State, the Station House Officer, Koyyuru PS., Visakhapatnam District, rept. by the Public Prosecutor, High Court of AP., 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 Koyyuru PS., Visakhapatnam District in Crime No. 4 of 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 is A3. He seeks for grant of anticipatory bail. As much as 176 kgs., of ganja was seized by the police. The learned counsel for the petitioner submitted that the petitioner was not present at the time of the seizure and that the name of the petitioner is included on account of the fact that the petitioner is the owner of the Tata Magic Truck from which the contraband was seized. Even according to the police, A1 and A2 alone were in the truck at the time of the seizure. In view of the defence of the petitioner that the petitioner is merely the owner of the truck and did not know about the transport of the contraband, I consider it appropriate to enlarge the petitioner on anticipatory bail.
However, in view of the quantum of contraband involved, I consider it appropriate to enlarge the petitioner on anticipatory bail on terms only.
Accordingly, 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. After his release, the petitioner shall appear before the Station House Officer, Koyyuru Police Station, Visakhapatnam District, on every Monday and Thursday between 9.00 a.m. and 6.00 p.m. for a period of three months.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Judicial Magistrate of First Class, Chintapalli, Visakhapatnam District
2. The Station House Officer, Koyyuru 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 16-4-2014 DR.KGSJ DATE: 15-4-2014 ORDER CRL.P. NO. 3709 OF 2014 DIRECTION