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Andhra Pradesh High Court - Amravati

Kesari Narayanappa, vs The State Of Andhra Pradesh, on 15 October, 2020

Author: Cheekat! Manavendranath Roy

Bench: Cheekat! Manavendranath Roy

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ?
THURSDAY, THE FIFTEENTH DAY OF OCTOBER, 2
TWO THOUSAND AND TWENTY ne
: PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKAT! MANAVENDRANATH ROY
CRIMINAL PETITION NO: 4404 OF 2020
Between:
1. Kesari Narayanappa, S/o. Sri Ramulu, Aged about 42 years, Rio. D. No. 5/66,
B.C. Colony, Y.T. Cheruvu, Guntakal Mandal, Anantapur District. .
2. Chittiboyina Sai Madhava, S/o. Bramaiah, Aged about 39 years, R/o. Eswar
Reddy Nagar, Rameswaram, Proddutur Town, Kadapa District.
Petitioner/Accused
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra
Pradesh, High Court Buildings at Amaravati.
Respondent/Complainant

Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances
stated in the grounds of the Criminal Petition, the High Court may be pleased to enlarge
the petitioner/Accused in Crime No.150 of 2020, on the file of the Muddanur (U/G)
Police Station, Kadapa District

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of SRI M KARIBASAIAH
Advocate for the Petitioners, and of PUBLIC PROSECUTOR for the Respondent, the
Court made the following.

ORDER:

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.4404 OF 2020 ORDER:-

This petition is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge the petitioners on bail.

2. The petitioners are accused in Crime No.150 of 2020 of Muddanur U/G Police Station, YSR Kadapa District.

3. The offences registered against them are under Sections 188, 328, 272, 273 r/w 34 of the Indian Penal Code, 1860 and under Sections 7 and 20(2) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short "COTP Act").

4. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor.

5. The record reveals that the petitioners were arrested in connection with the above crime on 08-09-2020 and since then they have been in judicial custody for more than last one month period. The record reveals there is considerable progress in the investigation. Therefore, in the said facts and circumstances of the case, as the offences are not punishable with death or life imprisonment, the petitioners are entitled to bail.

6. In the result, this Criminal Petition is allowed. The petitioners are ordered to be enlarged on bail on execution of self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a likesum each to the satisfaction of the learned Judicial Magistrate of First Class, Jammalamadugu. Sd/- R. KARTHIKEYA ASSISTAN REQIST A R TRUE COPY// [rt CL For ASSISTANT REGISTRAR To, The Judicial Magistrate of First Class, Jammalamadugu. The Superintendent, Central Prison, Kadapa The Station House Officer, Muddanur (U/G) Police Station, Kadapa District One CC to SRI M KARIBASAIAH Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT] One spare copy OaARWN a> HIGH COURT CMRJ DATED:15/10/2020 ORDER CRLP.No.4404 of 2020 ALLOWED