Andhra Pradesh High Court - Amravati
Dasari Suresh, vs The State Of Andhra Pradesh, on 1 July, 2022
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION NO. 4371 OF 2022
ORDER:-
This petition under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed by the petitioner/accused for grant of anticipatory bail in the event of his arrest in connection with Crime No.142 of 2021 of Special Enforcement Bureau Station, Narsapuram, West Godavari District, registered for the offence punishable under Section 7(B) read with 8(e) Andhra Pradesh Prohibition (Amendment) Act, 2020.
2. The case of the prosecution is that on 28.05.2020 at about 3:00 pm. When S.I. along with his staff conducted raid on back side of a vacant land situated at Rajugari Acqua Tank, which is situated at a distance of 1 Km from new bride beside Saripalli to Agarthipalem, Police found a person sitting in puntha and stirring in a blue drums. On verification of the drums, Police found 500 liters of F.J. wash, two Kgs of Ammonia and five Kgs of jaggery. After taking samples, the Police destroyed the same under special report. Basing on the same, the present crime is registered.
3. Heard Sri Rambabu Koppineedi, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-state.
4. Learned counsel for the petitioner submits that petitioner is innocent and he is falsely implicated in the crime. He submits that the case of the prosecution is that Police apprehended the petitioner and later he absconded from there is false. He submits that alleged special report was prepared in the absence of 2 mediators. He submits that the crime is of the year, 2021 and entire investigation is completed and charge sheet is to be filed. Hence, he prays to grant pre-arrest bail to the petitioner.
5. Learned Special Assistant Public Prosecutor opposed the bail application on the ground that investigation is pending.
6. A perusal of the special report, which is prepared in the absence of mediators shows that Police apprehended a person and on interrogation the said person revealed his particulars. Further it is the case of prosecution that while Police were in the process of destruction, the said person escaped from the spot. This creates doubt with regard to apprehension of a person. Be it so, prima facie case is not well founded against the petitioner. Further the special report was prepared in the absence of mediators. In view of the same, this Court deems it appropriate to pre-arrest grant bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed granting bail to the petitioner on the following conditions:
1) Petitioner /accused shall be enlarged on bail in the event of his arrest in connection with Crime No. of 2021 of Special Enforcement Bureau Station, Narsapuram, West Godavari District on furnishing self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Station, Narsapuram, West Godavari;
2) Petitioner shall appear before Station House Officer, Special Enforcement Bureau Station, Narsapuram, West Godavari, thrice in a week i.e. on Monday, Wednesday and Saturday 3 between 9:00 am and 12:00 noon for a period of three months or filing of charge sheet, whichever is earlier;
3) The petitioner shall not go beyond the limits of Special Enforcement Bureau Station, Narsapuram, West Godavari without intimating the SHO concerned; or to the trial Court after commencement of trial;
4) The petitioner shall not directly or indirectly contact prosecution witnesses under any circumstances and any such attempt shall be construed as an attempt at influencing the witnesses;
5) The petitioner shall furnish his mobile / landline number and residential address as well as that of his sureties to the I.O./SHO concerned and he shall keep his mobile / landline phone in operation at all times during this period and in the event of any change, he will immediately intimate the same to the I.O./SHO;
6) The petitioner shall drop a pin location on Google Maps so that the location of the petitioner is available to the investigation officer.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering bail in the above crime and shall not have any bearing in any other proceedings.
Consequently, miscellaneous applications pending, if any, shall stand closed.
________________________________ JUSTICE SUBBA REDDY SATTI Date :01.07.2022 IKN 4 HON'BLE SRI JUSTICE SUBBA REDDY SATTI ALLOWED CRIMINAL PETITION No.4371 of 2022 01.07.2022 IKN