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Andhra Pradesh High Court - Amravati

Devaraj A Deva vs The State Of Andhra Pradesh on 7 February, 2025

Author: K Sreenivasa Reddy

Bench: K Sreenivasa Reddy

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            IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA].               t__




                     FRIDAY, THE SEVENTH DAYOF FEBRUARY, /                    P
                         TWO THOUSANDAND TWENTY FIVE /                    \
                                      :PRESENT:

              THfffO N OcUR:MAIB+All SpREIT:TUISoT{CNEo{8So:EoEFN:Vo:5SA;D DY /



        Betwee n :
        Devaraj.A @ Deva, S/o Anbalagan, Age 26 years, Caste Adi Dravida, R/o
        64, Prathan Salai, Gangai Amman Koli Street, PeriyaVenmani Village,
        Madhuranthakam Taluk, Kancheepuram District, Tamil Nadu. /
                                                      ...Petitioner/Accused No.5
                                          AND

        The State of Andhra Pradesh, SHO, Tada Police Station, Rep. by its Public
        Prosecutor High Court of Andhra Pradesh Amaravati.
                                                                   ...Respondent


              petition under section 480 & 483 of BNSS, 2023 is filed praying that
        in the circumstances stated in memorandum of grounds of Criminal
        Petition, the High Court may be pleased to grant bail for A­5 on such terms
        and conditions as deemed fit, directing his enlargement in Crime No.159 of
        2024 of Tada Police Stat'lon, Tirupati District; /~


              The petition coming on for hearing, upon perusing the Petition and
        memorandum of grounds of criminal petition and upon hearing               the
        arguments of sri Bhooma Maharshi Reddy, Advocate for the Petitioner and
        Public Prosecutor for the Respondent;
 •+   +   +   `+   ,




                       APHCO10037872025

                                          lN THE HIGH COURT OF ANDHRA PRADESH
                                                                  AT AMARAVATl                   [3327]
                                                           (Special Original Jurisdiction)

                                   FRIDAY, THE SEVENTH DAY OF FEBRUARY
                                           TWO THOUSAND AND TWENTY FIVE

                                                                  PRESENT

                           THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

                                                CRIMINAL PETITION NO: 802/2025

                      Betwee n :

                      Devaraj A @ Deva                                       ...PETITIONER/ACCUSED

                                                                    AND

                      The State OfAndhra Pradesh                     ...RESPONDENT/COMPLAINANT

                      Counsel for the petitioner/accused:

                           1. BHOOMA MAHARSHI REDDY

                      Counsel for the Respondent/complainant.I

                           1. PUBLIC PROSECUTOR

                      The Court made the following Order:

                      1.      The Criminal Petition, under sections 480 and 483 of the

                       Bharatiya Nagarik Suraksha Sanhita, 2023 is filed on behalf of the

                       Petitioner/accused No.5 seeking regular bail in Crime No.159 of

                       2024 of Tada Police Station, Tirupathi District.

                      2.     A case has been registered against the petitioner herein and

                      others for the offences punishable under Sections 8(c) read with



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  20(b)(Ii)(C) of the Narcotic Drugs and psychotropic substances Act,

  1985­


  3.          Brief facts of the prosecution case are that the accused No.1

  is a notorl­ous criminal having vices and I'nVOIVed in several cases at

  Chennai. After hI­S release from Jail, he got acquaI­ntanCe With

 accused No.5 at a Bar in chennai and came to know that the

 accused No.5 was dol'ng Ganja smuggling and on that he expressed

 his intention to accused No.5 that he wanted to do Ganja smuggling

 wl®th him. Thereafter, accused No.5 introduced accused Nos.2 to 4

 to accused No.1. On 28.10.2024, all the accused boarded a train

 and got down at Anakapallj on the next day. Later, accused No.5

 went somewhere and brought six bags of Ganja and handed over

two bags to accused Nos. 3 and 4 and instructed them to come to

Railway Station and then, they boarded a Tirupathi Train at

Anakapalli and got down at Gudur on 31.10.2024 and A5 l'nstructed

Al to A4 to come to Chennal' by road and accordI­ngly, Al to A4
          I




boarded a lorry at Gudur Highway and got down at Tada and went

to Railway Stall­on to go to chennai by train and they were caught

by Police. On search of sl'x travel bags, the police found 22 packets

of Ganja from possession of the accused which is weighing about

46 Kgs of Ganja.



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                                                       e=­­­­­­=al
  4.        On credible information, police arrested the accused Nos.2 to

 4 and seized 46 Kgs of Ganja from their possession. A perusal of

 the material on record goes to show that basing on the confessional

 statement of the co­accused, name of the petitioner herein is

arrayed as accused No.5 in the aforesaid crime.               The petitioner

herein is in judicial custody since 31.10.2024,

5.        Learned Assistant Public Prosecutor submits that major part

of the investigation is completed except filing of the charge­sheet,

6.        ln view of the aforesaid facts and circumstances, thI'S Court is

inclined to grant bail to the petitioner/accused No.5 herein, on the

followl'ng conditions.


      (_i) The petitioner/accused No.5 herein shall be released on
      P!s execu.ting. ? personal bond for Rs.10,000/­(Rupees ten
      thousand only) with two sureties for a l®Ike Sum` e;Ch tO the
      sptisfaction of the learned I Additional District & Sessions
      Judge, Nellore, SPSR Nellore Distr­ICt.

      (I_i)_ ,On .rele^a:e,. the. petitio_n_pr/accused No.5 shall appear
      Pefore the Station House Officer concerned once in a' vieek
      i;3. on Pyery Sunday.between 10.00 a.m. and o5.00 p.m., till
      filing of the charge­sheet.
7.       Accordingly, the crI­minal Petition is allowed.




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                                                    SF:r`­.
                              JJTRUECOPY//            Sect,o~oFFIcER
                                             ForASSISIAI`. _
 To,
  1. The I Addl District & Sessions Judge, Nellore, SPSR Nellore.

  2. The Superintendent, Central Jail, Nellore.

  3. The Station House Officer, Tada Police Station, Tirupathi District.
  4. One CC to Sri, Bhooma Maharshi Reddy, Advocate [OPUC]
  5. Two cos to Public Prosecutor, High Court of AP [OUT]
  6. One spare copy
MM
 HIGH COURT




SRKIJ




DATED :07/02/2025




ORDER

CRLP.No.802 of 2O25 ALLOWED ¥#~€GtfrEL Cs€€ t=rr. ( \l\ EEB 1\\5 O=­ Q=' \ne.`­,\ ­­' ­