Andhra Pradesh High Court - Amravati
Sri Juluri Ganesh vs The State Of Andhra Pradesh on 27 July, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.4016 of 2021
ORDER:-
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') to grant pre arrest bail to the petitioner/A-2 in the event of his arrest in connection with Crime No.715 of 2021 of Eluru II Town Police Station, West Godavari District, for the offences punishable under Sections 269, 271, 273 of the Indian Penal Code, 1860 (for short 'I.P.C.'), under Sections 34(a) of the Andhra Pradesh Excise Act, 1968 and Section 51 (b) of Disaster Management Act (DMA) - 2005.
2. On 09.07.2021 at about 8.30 p.m. on credible information, the respondent police proceeded to Gowri Devi Temple turning, Tangellamudi, Eluru, arrested A1 and seized GSB Golden Reserve Prestige whisky 180 ML- 30 bottles, worth Rs.4,500/- and Miraj Gutka packets 85,000, worth Rs.12,75,000/- from the possession of A1 under the cover of mediators report.
3. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent- State.
4. Learned counsel for the petitioner submits that the petitioner is not involved in transporting the liquor and nothing has been seized from him and he is falsely implicated in this case. He submits that A1 was already enlarged on bail.
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5. Learned Additional Public Prosecutor on the other hand submits that in view of the offences under Excise Act and the investigation is pending, the petitioner is not entitled for pre arrest bail.
6. Taking into consideration the role attributed to the petitioner, this Court is not inclined to grant pre-arrest bail to him. But however, the learned counsel for the petitioner submits that the petitioner is ready to surrender before the Court below and move an application seeking bail. On such application if any filed, the Court below shall consider the said application on the same day, in accordance with law.
7. Accordingly, this Criminal Petition is disposed of.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 27.07.2021 sj 3 240 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.4016 of 2021 Dated 27.07.2021 sj