Andhra Pradesh High Court - Amravati
Anandh Krishnan Mohan, vs The State Of Andhra Pradesh, on 26 March, 2024
TUESDAY THE TWENTY SIXTH DAY OF MARCH AVG PHOUSAND AND TWENTY & OUR SPRESENT- THE HONOURABLE SRE JUSTICE 7 MALLIKARJUNA RAO CRIMINAL PETITION NO- 1509 OF 2004 Between: t. Ananda Krishnan Mohan, Sfo Mohan Ramar, Age 24, Rig Chirayll House, Rarnankari Vilage and Post, Adgpourhs Cistrict, Kerala State. 2. Jitthornon James, Sie James Gommen, Age 26 YEEYS, Pg Parayi, Chingavanam, Notakanim Rolfayam, Neraia State Petitioners/Accusead Notas AND The State of Andhra Pradesh, Reg. oY Puble Prosecutor, High sourt of Andhra Pradesh. RespondentiCompiainant
Patition under Section 43¢ (DD) rw 4R9 oF CrP. haying that in the orcumsigncas Stated in the affidavit fled in Suppert of the Criminal Petition, the High Court May be pleased ig relax/modification. the bal SOndRons Imposed by The Leaned Metropolitan Magistrate Cune { Additional District & Sesaiuns Judge - Special Judge for Trial of Offences Under NOPS Act Visakhapatnam, iN 80 far as to betfloners /A4 & AS pleased to Mody the order Passed by the Metronotitan Sessions Judge cum | Adal ONstrieg Sessions Judge Speciai Judge for Tha of fences Urider NDPS ary Visakhapatnam iF in Crimp 83 oF 2024 in Crimes No. OF of 2024 of § Fawn Pofica Station, Visakhapatnam Cay" date 22-02-3024 by considering the BoVEery situation and health COnCGN of the Patifioner/Accused No 1&2 ane Dent the Petitionar/Acoused No 1&2 te deposit the Surely bond arnount of Rs 49 OOO! with One surety instead af Rs 1,00 0007 and ralagse the Petitioner/Accusas No 1&2 an bai in Crime No. OF Of 2024 of H Fawn Poles Station, Visakhapainam Ny.
The petition COMING an for heaving, "POM DErusiNg the Petition ang the Grounds filed in sSuppart thereof. ane HBON hearing the arguments of Sr RakumanuJog Amrutha Raju, Advocate for the Fettioners and oF PUSLC PROSECUTOR for the Respondent ang the Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAYATI (Special Original Jurisdiction} PRESENT FRE HONOURABLE SRI JUSTICE T MALLIKARIUNA RAQ CRIMINAL PETITION NO: 2509 f 2024 Botween:
Anandh Krishnan Mohan, and Ofners ... PETITIONER /ACCUSEDI(S) AND Tre State OF Anchra Pradesh RESPONDENT / COMPLAINANT Counsel for the Petitioner /accused(S}: L.KARUMANU JOU AMRUTHA RAI Counsel for fhe Respondent/ complainant
1. PUBLIC PROSECUTOR CAP} The Court meade the folowing OROER:
The Criminal Petitien under Section 439¢)) read with 482 of PLC, Ras been filed by the oetitioners herein, seeking modification of the canditions in the order vide CYLM.P.NG.83 of 228 in Crime No? of 2084 dated 32.02.2024 on the fle of the learned Metropolita Sessions Judge-cum-I Additional District & Sessions Jucige-Special Judges for Trial of Offences under NDRS Act, Visakapatnam. 3, Onoginally, the pefRtioners herein heve fled petivion for grant af aap recuiar pall in Crime No.? of 2024 of Visakhapatnam If Town Police Station. By an order, dated 22.02.2024, the learned Metrapalitan PoP Et A Set fetete'® & Crests SY Mey cuca Sessions Judge-cum-] Adkitiorial District & Sessions Judge-Spaciat Bo Judge for Trial of Offences under NOPS Act, Visakapatnam allowed the said petition by imposing certain conditions. &gurieved by the said conditians imoused by the learned Sess fons Judge, the present Criminal Petition is preferred by the petitioners to madify the canhiions Imposed while S grarting ball. Lad been Subnuttedd that despite grant of bau by the Metropolitan sessions Judge, Visakhapatnam in CriM.P.No.83 of 2024, petitioners could mot furnish twa sureties for RS.1,00,000/- each ft the satisfaction of the If Additional Chief Metro olfan Magistrate, Visakahanatnam. Learned counsel for the metitioners subriits thet the petitioners are unable to furnish the surety for an amount of H5.1,00,000/- each due to their poverty and the quantily of ganja involved in the present crime is non-commercial quantity, In the said the case, petitioners request fo cansider their case on humanitarian grounds.
4, Learned counsel for the petitioners refed on a decision reported in SMWP (Criminal) No.4 of 2021 dated SLOL. 2023 aq the fle of the Hon'ble Supreme Court wherein i is observed that * Aad Sho concerned Sracek mac Grant God, 292 coneeried Count pias consider afietnar ie CONS OF 8a require
5. it seems that the Court who granted ball to the petitioners in this Crime has not taken such stens, ther&by forced the petitioners fo approach this Court. There is nothing on record he show that the said SUDTHSSiONS are incarrect, as such this Court is Incline! to modify the petitioners shall b Rs WEN es faethe Flam Beas ies et i 33.
RS.25,000/- (Rupees twanty five thousand Ory) each with hwo
2 Boge ©. SUIT] » Me doy hes ey gs Tokens ty - HS q io sureties for the like sum each to the satisfaction of the leamed IT Additional Chief Metropolitan Magistrate, Visakahanatnam. fb is below shall remain same.
AS @ sequel thereto, the miscellaneous ap ications, i ary ae pending in this Criminal Petition shall stand closet, ary. K, SRINIVASA RAID ASS STANT REGE STRAR RECTION OFFICER FOy lao sees 8 TARERB sag y PUMPS Ya,
1. Hi Additional Chief Metropol tan Magis rate, Visakhapatnam é. The Metropolitan Seasions Judge-cum-} Additional District & S ons dirige~. Special Judge for Trial of offienoss under NDF S Ac Visakhapate ainam, The Superintendent, Central Prison, Visakhapatnam. One CC fa SRI KAKRUMANU GOS AMRUTHA RAJU Advocate (OPUC) Two (Cs to Publle Prosecutor, ) Gaurt of AP POUT] ne spare copy Oi CP Be fo4 KJ te HIGH COURT TMR J DATED: 26N3 (2024 SAIL ORDER CRLP.NG.1889 of 2028 SSS SSAA