Andhra Pradesh High Court - Amravati
Surampudi Manikanta vs The State Of Andhra Pradesh, on 13 December, 2021
Author: D. Ramesh
Bench: D. Ramesh
THE HON'BLE SRI JUSTICE D. RAMESH
CRIMINAL PETITION NO.7069 of 2021
ORDER:-
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No.1588 of 2021 of Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District for the offences punishable under Section 7(B) r/w 8(A) of Andhra Pradesh Prohibition (Amendment) Act, 2020.
2. The case of the prosecution in brief is that, on 24.11.2021 at about 1:00 P.M, on receipt of credible information, the Intelligence SI, SEB, Rajamahendravaram reached Vinayaka Paper Mill, Kanavaram Village of Rajanagaram Mandalpunta, Radhya Palem Village, Rajanagaram Mandal, with his staff and found one person stirring with stick in plastic drum and on seeing them, he allegedly tried to run from the scene of offence. One B.V. Gandhara Rao, Excise Constable identified the said person as previous offender and called his name and asked him to stop. But he ran away. Then the raid party verified the plastic drums and found 06 plastic drums, each drum containing 200 litres of FJ Wash, total 1200 litres of FJ Wash. Basing on the same, the present case is registered.
3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner is implicated in the case. He is the sole bread winner of his family. 2 He further submits that he is not a habitual offender and unconnected with the alleged offences. Hence, his case may be considered for grant of pre arrest bail.
5. On the other hand, learned Assistant Public Prosecutor opposed for grant of bail.
6. Having regard to the facts and submissions, this Court is prima facie satisfied that the apprehension of the petitioner of an imminent arrest by the police is well founded and appears to be based on a reasonable belief.
7. Accordingly, this Criminal Petition is allowed. The petitioner/ accused shall be released on bail in the event of arrest in connection with Crime No. 1588 of 2021 of Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
______________ D. RAMESH, J Date: 13.12.2021 EPS 3 THE HON'BLE SRI JUSTICE D. RAMESH 44 (Allowed) CRIMINAL PETITION No.7069 of 2021 Date: 13.12.2021 EPS