Andhra Pradesh High Court - Amravati
Ithi Suryanarayana Suri vs The State Of Andhra Pradesh on 16 December, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR, MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR ~ :PRESENT: | THE HONQURABLE SRI JUSTICE T MALLIRARJUNA RAO : CRIMINAL PETITION NO: 9087 OF 2024 Between: | ithi | Suryanarayana @ Sur, Sfo. Atchanna, aged about 32 Years, Singaraiupeta village, Mokhasa Kothapaianarm Panchayath, Rolugunis Mandalam, Anakapalll District Aadhar No. 778637945325 . ..FettionerAccused-12 AND - The State of Andhra Pradesh, Rep. by its Public Prose cutor, High Court of Judicature of Andhra Pradesh at Amaravati, ~~ . Raspondent/Camplainant <"-- Petition under Section 480 and 453 of BNSS and old under Section 437 and 439 of CrPC is fled praying that in the circurnstances slated in memorandum of grounds of Criminal Pett an, the High Court may be pleased io release the petit jonerfAccused - At2 on ball in Gro. 5 'of 2083 of Koyyuru Palice Station, Allur) Seetha Rama Raiu District (Formally Known as Viskhapainam) under section 2O(bNEMc) rAv 8© of NDPS Act {985 on dated Gn 01-09-2023) The petition corning on for hearing, upon perusing the Petition and memorandum of grounds of criminal petificn and upon hearing the . a ; . gs cee arguments of Sri Kakumanu Jo? Amrutha Raju, Advocate for the Petitioner and Public Prosecutor for the Respondent HON'BLE SRI. JUSTICE PT. MALLIRARJUNA RAD Criminal Petition No S007 of 2034 ORDER:
y. This Criminal Petiion, under Sections 437 and 439 of the CrP... has been fled by the petiionen/A12, seeking requiar bail, in Crime No.S? of 2023 of Royyuru Police Station, Allud sitharama Raiu Distict.
2. A cgse has been registered against fhe pefitioner/A12 herein for the offences punishable under Sections 2O(bMINC), 25 read with &{c) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for shart fhe NDPS Act').
3. The case of the prosecution is that on O1.09.2023. an receiving crecible information regarding the legal transportation of genie, the Sub-Inspector of Koyyuru Police Station, accompanied by his siaff and mediators, canduc 2 yehicie ris inspection at Gashew Garden, focated on the outskirts of Gumimacivanl Palem Vilage, Koyyuru Mandal, Alluri Seetha Rama Raju District, During ihe operation, they interc ceple sO a TATA indica car carrying 10 gunny bags cantaining $00.9 kg af ganja, Addilionally, five mobile phones and ane Suzuki scooty were selzed from the possession of the accused {AT to ATOV In the presence of mediators, as documented in the mediators' report.
&, Meard, Ferused the ef oo
8. The hsarned course for the peliianer/A1@ submits that no contraband was seksed from the pefiioner's possession, aside from the seizure of the CDR. He further asserts that no incriminating material has been presented to the Court to substantiate ihe allegations. Additionally, he points out that the conversation details between pelitioner/A.12) and Al have not been provided to establish the petitioner's involvement in the commission of the offence. Ne further subrniis that the petitioner has been in judicial custody since 06.09.2023, and despite the passage of three months, no concrete or substantial avidence has been gathered fo demonstrate his involvement in the present offence.
8, The learned Assistant Public Prosecutor does not dispute thal the case against the petitioner/A12 is based on a confession Siaiement However, he acknowledges that no further details have been placed on record to support this claim. Upon inquiry, the learned Assistant Public Prosecutor also submits thet no criminal antecedents have been found against the petitioner ?. Considering that the petitioner/A12 is implicated based on the canfessional statement of Al and no contraband has been seized from his possession, and faking into account that the petitioner has been In judicial custody far over two months, this Gourt is of the opinion that the majority of the investigation concerning the petitioner's role has likely been completed. Upon inquiry, the learned Assistant Public Prosecutor confirms that most of the investigation has been concluded, with the exception of the receipt of the RFSC report.
-&. The learned counsel for the oatiflonear/AT2 further subrnits that the petitioner is a permanent resident of Mokhasa Kothapatanam Panchayat, Rolugunia Mandal, Anakepalfl Disirict, and there is nolikelihood of him fleeing from justice se g, Considering the above factors, this Court ts inclined fo ik grant bail fo the petifioner/ATZ on ihe following conditions:
G) The petifionen'Ai2 shall be released on execuling 3 personal bond for Rs.25,000/- (Rupees Twenty Five Thousand ony) with fwo surefies for a ike sum each io the satisfaction of the leamed Metronaliian Sessions Judge-cun-opecia al Judge far Trail of Offences under NOPS Act, Visakhapainam.
ay On release, the neitioner shall appear before the Station House Offieer, concerned, onee in a week Le, on avery Sunday befween 16.00 am. and 01.00 p.m, for a period of three (3) manihs.
Gi} The petitioner shall not di rectly or indirectly conlact or threaten the witnesses under any circumstances and any such attempt shall be construed as an aliempt of influencing the ainesses and shal not tamper evidence and shall co-operate - with the fia.
H is made clear that the petitioner shell scrupulously comply with the above condiions and breach of any of the above conditions wil be viewed seriously and proseaution is al liberty fo move an application for cancellation of the bail.
40. Accordingly, the Criminal Petition is allowed. Miscallaneaus Apolications, pending Hf any, shall stand closed.
Sill. M. PRABAKAR RAO ASSISTANT REGIST Cteeag fee, For PRIB REAR go wee TRUE COPY! _ SECTION OFFIC RAR CER Toa,
4. The Metropolitan Session Judge-Special Judge for Trial of Offences Under NDPS Act Visakhapatnam.
3 The dudicial Magistrate of Firsi Class, Chinfapalll 3 The Superintendent, Canal Prison, Visakhapainam. 4 The Station House Officer, Koyyuru Police Station, Alluri Seatha Rama Raju District Formally known 3s Visakhapainam) £n Cine OC to Sri. Kakumanu Joli Amrutha Raju, Advocate fOPUCI Twe OCs to Public Prosecutor, High Court af AP POUT) Cine epare Copy "i MM HIGH COURT THR, J DATED IIE 2/2024 ORDER CRLP.No.g087 of 2024 ALLOWED Se A Ne ES eee SS