Andhra Pradesh High Court - Amravati
Lingarn Ananda Kumar vs State on 10 June, 2021
Author: M. Ganga Rao
Bench: M. Ganga Rao
"> IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ™ THURSDAY, THE TENTH DAY OF JUNE, TWO THOUSAND AND TWENTY ONE >: PRESENT : ~~ THE HONOURABLE SRI JUSTICE M. GANGA RAO ~~ CRL.P.No. 3143 of 2021 Between:- Lingam Ananda Kumar, S/o. Purnachandra Rao, Aged 53 years, Occ : Business, Licensee of M/s. Eagle Restaurant & Bar, D.No. 11-791, Jagannadhapuram, Machilipatnam, Krishna District. coves Petitioner/Accused No. 1 AND State by Station House Officer, Inaguduru Police Station, Machilipatnam, Krishna District, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi seeee Respondent. "Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in Crime No. 122/2021 on the file of the Inaguduru Police Station, Machilipatnam, Krishna District, in the event of his arrest. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri O. Manohar Reddy, Advocate for the Petitioner and of the Asst. Public Prosecutor on behalf of respondent/State, the Court made the following ORDER :
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THE HON'BLE SRI JUSTICE M. GANGA RAO CRIMINAL PETITION NO.3143 OF 2021 ORDER:-
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre- arrest bail to the petitioner/Accused No.1 in the event of his arrest in connection with Crime No.122 of 2021 of Inaguduru Police Station, Machilipatnam, Krishna District registered for the offences punishable under Section 188 read with Section 34 IPC, Section 34(a) of the A.P. Excise Act and Section 3 of the Epidemic Diseases Act, 1897.
2, The case of the prosecution is that on 15.05.2021 when the Sub-Inspector of Police, Inaguduru Police Station and his staff conducted patrolling, two persons found behind bar standing at the brick kiln with motor cycle and two white bags hanging on both sides of its handle bar, one person ran away and another person was caught hold by them and he confessed that he is working as a coolie under the petitioner. Under occurrence report, the police seized liquor bottles and basing on the same, a case was registered for the said offence.
3. Heard Sri O.Manohar Reddy, learned counsel for the petitioner and learned Public Prosecutor for the respondent-
State.
4. ° Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged. He further submits that the petitioner was falsely. implicated in the case basing on the confessional statement made by the other accused and nothing has been seized from the petitioner's possession. Learned counsel for the petitioner further submits that the allegations made in the complaint are all false and the petitioner has got nothing to do with the seized liquor nor he is no way connected to the said offence and he submitted that even if the allegations made in the complaint taken its face value does not constitute any offences under the provisions of the A.P.Excise Act, Section 188 read with 34 IPC and Section 3 of the Epidemic Diseases Act, 1897.
5. Learned Special Assistant Public Prosecutor strenuously contended that the petitioner is involved in excise offence under the provisions of Section 34 (a) of the A.P. Excise Act and illegal selling and transporting the liquor contrary to the orders issued by the Government and District Magistrate, Krishna District and thereby violated the provisions of Section 51(b) of the Disaster Management Act, 2005 and opposed for grant of anticipatory bail to the petitioner stating that the investigation is yet to be completed.
6. Having regard to the facts and circumstances of the case and submissions of the counsel, perused the record, the petitioner is implicated in the crime based on the confessional statement of accused No.2 and no liquor is seized from the possession of the petitioner, in the interest of justice, this Court felt it appropriate to grant pre-arrest bail to the petitioner. |
7. Accordingly, this Criminal Petition is allowed and petitioner/accused No.i is directed to surrender before the jurisdictional Magistrate on or before 21.06.2021 and on such surrender, he shall be eniarged on bail on executing his personal bond of Rs.25,000/- (rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate. The petitioner shall cooperate in the investigation, without making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or any police officer. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
SD/- CHITTI JOSEPH."
ASSISTANT REGISTRAR // TRUE COPY// Le : FICER SECTION wee ee te RR RE OP, To
1.The X Additional District and Sessions Judge, Krishna District, Machilipatnam. .
2.The Excise Magistrate, Machilipatnam, Krishna District.
3.The Station House Officer, Inaguduru Police Station, Machilipatnam, Krishna District.
4.Two CCs to the Public Prosecutor, High Court of A.P., at Amaravati(QUT) ~ 5,One CC to Sri O. Manohar Reddy, Advocate(OPUC) ~ 6.One spare copy.
TKK HIGH COURT MGR.J DT.10-06-2021.
ANTICIPATORY BAIL ORDER CRL.P.No. 3143. of 2021 RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST (CRIMINAL PETITION IS ALLOWED)