Andhra Pradesh High Court - Amravati
Rallapalli Nageswararao, vs The State Of Andhra Pradesh, on 16 December, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ZaT 0; WEDNESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 5680 OF 2020 Between: 4. Rallapalli Nageswararao, S/o Chakram Aged about 57 years Occ. Agriculturist, R/o H.No.1-178/3, Kothapeta, Jaggampeta Mallisaala, East Godavari District, Andhra Pradesh - 533435. . 2. Karanam Suribabu, S/o Karanam Satyanarayana, Aged about 40 years, Occ Agriculturist, R/o 1-36, Dusarapamu, Rajavommangi, East Godavari District, Andhra Pradesh - 533436. Petitioners/Accused Nos. 1&2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor High Court Buildings, Amaravati. | | Respondent Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to order for release of the petitioners/A1 and A2 on bail arrested in Crime No.330/2020 on the file of Annavaram Police Station East Godavari District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri P Veerraju, Advocate for the Petitioners and of Public Prosecutor for the Respondent and the Court made the following. ORDER:
{ HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI Criminal Petition No.5680 of 2020 ORDER:
This Criminal Petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") seeking regular bail to the petitioners/A-1 and A-2 in connection with Crime No.330 of 2020 of Annavaram Police Station, East Godavari District, registered for the offences punishable under Section 34 (a) of A.P. Excise Act, 1968.
2. Heard Sri P. Veerraju, learned counsel for the petitioners and the learned Public Prosecutor for the respondent-State.
3. The case of the prosecution is that on 22.09.2020 at 7.00a.m., on receipt of credible information about illegal transportation of alcoholic liquor bottles, the Sub-Inspector of Police of Annavaram Police Station along with his staff and mediators went to Bilivaka area, outskirts of S. Agraharam village, Rowthulapudi Mandal and noticed that some persons were shifting some card board boxes from a parked lorry to parked Bolero vehicle and on noticing the police, they tried to escape. But the police caught hold of them and seized 480 bottles from Scorpio car and also seized the said vehicles. The police registered a case in the present crime, arrested the accused and on the same day remanded them to judicial custody.
4. Learned counsel for the petitioners submits that this court, in Criminal Petition No.5051 of 2020 and Criminal Petition No.4570 of 2020, has granted bail to the other accused.
prem eed 2 LK, J CRLP.No.5680 of 2020 He submits that the petitioners are languishing in jail for the last 83 days and the police failed to file charge sheet. As such, the petitioners are entitled to bail.
5. Learned Public Prosecutor submits that the entire investigation is completed and the police are yet to file charge sheet. He submits that the other accused were already enlarged on bail. |
6. Taking into consideration the fact that the petitioners are languishing in jail for the last 83 days and the police failed to file charge sheet, this court is of the considered opinion that this is a fit case to grant bail to the petitioners.
Accordingly, the Criminal Petition is allowed. The petitioners/A.1 and A.2 shall be enlarged on bail on their executing personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate, Pratipadu.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. .
ey REGISTRAR | ITTRUE COPYI/ on | AT For ASSISTANT REGISTRAR To, . .
1. The Judicial First Class Magistrate, Prathipad.
2. The District and Sessions Court, Rajahmundry. _ a
3. The Station House Officer, Annavaram Police Station, East Godavari District.
4. One CC to Sri. P Veerraju, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of A.P. [OUT]
6. One spare copy Jvs HIGH COURT LK,J DATED:16/12/2020 ORDER CRLP.No.5680 of 2020 DIRECTION 190EC oe te! oe A weit <u
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