Andhra Pradesh High Court - Amravati
Guda Venkatesh vs The State Of Andhra Pradesh on 19 July, 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE NINETEENTH DAY OF JULY
TWO THOUSAND AND TWENTY TWO
-PRESENT:
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPAT) »
CRIMINAL PETITION NO: 4862 OF 2022
Satweer
Gudea Vernkaiesh, S/o Mangeraiu, aged about 21 years, Rio Yor
Vilage, Bonthil, G. Macuguaie, Visakhapainam District.
.. Petitioners a-3
AND
Fhe State of APL, . Rep. by SHO, G. Madugula Pollsoe Station, Through
Public Prosecutor, High Court of 4.F., Amaravathi,
. MeSPo ant
Fatiion filed under Section 4388 of OPO, praying tal in the
circumstances stated in ihe memorandum of grounds fied in Support if the
Criminal Pethion, the High Couwt may be pisased fo grant antic 'pator ry Bail, by
directing the S.H.G., &. Macuaquia Paice Station, in Urime No. SQ of 2021 dated
30-09-2021 for the offences Under Sections 20 © a} (co), 25 nw {co } of NBPS
Act, 1985 in the event of such arrest ofthe petitioner, to release him on ball, or
on his surreneier before the Court of the Judicial Magistrate of First Class, Paderu
to release the petitioner on baw.
The peiition coming on for hearing, upon perusing the Criminal Patton
nd the memorandum of grounds fled in aupport iherecf and upori hearing the
arguments of Sri Ramana Alu, Advocate for fhe PettionerAccusad No.3, and af
Soeclal Assistant Govarment Pleacier for ihe Respondent-Slate, the Caurt made
ihe following:
ORDER
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION No. 4862 OF 2024 ORD This petition is filed under Section 438 of the Code of Criminal Procedure, L973, to enlarge the petitioner on ball in the ayant of Ais arrest,
2. The petitioner is A-3 in Crime No.50 of 2021 of G.Madugula Police Station, Visakhapatnam District. A case under Sections 2O¢b} Cii(c}, 25 read with Stc} of NOPS Ack, 1985, was registered against the petitioner alang with another accused in the above crime.
3. Heard Sri Rarmana Aulu, igsarned counsel! for the pettione and fearned Soecieal Assistant Government Flesder for raspandent,
4. Learned counsel for the oetitioner cantended that the petitioner filed Cri M.P.No.G?s of 2022 before the learned Metropolitan Sessions Judge-cum-T Additional Districh and Sessions Jucige-Special Judge for Tria! of Offences under NOPS Act, Visakhapatnam and the same was considered vide orders, dated 22.03.2022, which is Maced on record and draws the attention of this Court at paragraph 8 of the order, which reads "Ty ooe resuf, Os petition is alowed. The petivoneraccused No.3 is directed to surrender before > iis Judicial Magistrate of First Class, Paderu within one sont Syne oy Be das farts at nda Ses tease cg week From the date of Ns order end on such surrender, the MNaegistrafe as odirected fo release the
- a dent come cet .
pefifonerv accused No.3 an Bef, on eens dS £3 satisfaction of the Maegistrebs, The pettionersdccussd No.3 38 dereby directed fo attend before the Court ~ hs ed my ag ft ~ . Poe wa yeh "
pettonerfAccused Aiga3 shall not tamper with the ? . 2 2 2 y ha MeN oO ti ann evidence and threatening or mgucang Ope prosecurion tt TF S3se5 pey SRO Sale Sa : ¢ sp gvay Foy) witnesses, Jf the setitienen'As fails to comply the sald conditions, She bal shall be canceled."
5. Pursuant to the said order, the petitioner could not surrender before the Magistrate concerned as such he made an gpplication vide Cri.M.P.No.i206 of 2622 before the Sessions Court for extension of time to sroduce the sureties for Als surrender duly stating the reasons, but the saicl application was dismissed vide arders, dated 06.04.2022, by the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for Trial of Offences under: "NDPS Act, Visakhapatnam, wherein ff is stated that as already 7 days period was completed, did net find any reasonable grounds to aliow the petition, hence, dismissed. The petitioner again Aled another petition vide CriM.P.No.iS8? of 2022 duly praying the ~ Sessions Court to grant pre-arrest bail bub the same was aise dismissed an 16.05.2022 and draws the attention of this Court i through paragraph & of the order, which reads as follows:
ome & Ser SS PERS Bey y "On perusal of fhe record, sefiioner fled petition eGee and Os Court alowed the same on 22.03,2022 directing the petittaner to surrender before fass, Rader within one week frony the date oF the order ard an such surrender, the Magistrate is directed fa release tie petitianer/Accused % " ats Za peony y Se Se Hong wat bys wi ae NewS oan Gal, ga sesecuting As persona! band for . aye wey gray Bien mgeg at & sureties Sar the fike surn each to the satisfaction af fh Magistrate, 8ut Ge petvoner Fa directed by the Court and fied for exfension oF Mme fo surrender, This Court
06.04, 2022, same preyer for grant is foto mefitenedile snd is fadis aid not sur Cri MPG, P2808 2022 Sain Gye pet iNoner ff of anvicioatory Ball render as efiar on fed fais petition with THs petitian fo be disrnissed, "
6, On perusal of fhe material on recard and the contentions raised by both the counsel that init granted anticipatory ball vide CreM.P.No.oF4 of 2022 directing before the Judicial Madistrate of First week from the date af the order but the petitioner fa S surrender before the cancerned Co filed another Cri M.P No.1 206 of S822 & rade 38 ars the noetitianer to ally the Sessions Court has dated 22.03.2082, In surrender Miass, Pacieru within one fied to urt and thet the petitioner 2 seeking extension of ene to surrender befare the cancerned Magistrate and the same was dismissed by the Sessions Court, as Magistrate within the time stipulated Aled Cri.M.P.No LS8?
oF 2022 WAS Sessions Court as not mainhsinebie. intially the Sessions Cou pethtioner, this Court deems if appronriate to grant pre-arrest ball to the petitioner.
Pe Accordingly, the Criminal & nettioner/A-3 shall be rele oe in conmection with Crime the petitioner was not surrendered before rt Aas granted ore-s etition is Sed on ball vide orders, dated 06.04.2022, the concerned and again the petitioner aiso dismissed by the In view of the above, as x srrest ball to the e alowed. The in the event of Nis arrest No. 50 of 2021 of G.Madugula Police station, Visakhapatnam District on condition of executing a self bond for Rs.1,00,000/- (Rupees ane lakh only} with favo sureties for a Hkesum each to the satisfaction of the Station House ee To, WD Officer, G.Madugula Police Station, Vi Visakhapatnam District, The petitioner is directed to appear before the Station House officer, G.Madugula Police Station, ane every Sunday between 16.00 AM and 5.00 PM, dH the entire investigation is cam gleted and charge Sd/- T. MADNHAY! ASSISTANT REGISTRAR PTRUE COPY! . SECTION OFFICER ' Po.
The Metropolitan Sessions Judge-Curm-l Additional District and Sessions duciga-Speciai Judge for Trial of Offs ees under NPS Ac apa din dodieil
2. The Judicial Magistrate of First Class, Pacieru, Visakhapatnarn District 3 The Sfatian Nouse Oficer, G. Maduguia Folice Station, Visakhapainam District re ss a one CO fo Sr. Ramana Allu, Advocate [OPUL) . we Ace nt & Two OCs io Special Assistant Governmen! Pleader, High Court o! Ae diva Pradesh [OUT] §. Cine spare copy HIGH COURT RG OATED THOR RO2e ORDER GRLP.No.dge2 af 2022 ALLOWED