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2025 DAILYLAW 11044 (AP)

P ASHOKAN MURIKULLA v. THE STATE OF ANDHRA PRADESH

CRLP/2731/2025 · 2025-03-27

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURTOJ= ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF MARCH, TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2731 OF 2025 f_.I,J}. Between: P.Ashokan Murikulla, S/o Chathu MurI'kulla, Aged about 52 years, D.No. 3-106/1, Ganga Nagar, Vakalapudi village, Kakinada Rural Mandal. N/o Calicut, Kerala State. ...Petitioner/Accused No.7 AND The State of Andhra Pradesh, Rep by its public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent Petition under sections 437 & 439 of Cr.P.C & New Sections 480 & 483 of BNSS, 2023, is filed praying that in the cI-rCumStanCeS Stated in the grounds filed I'n Support Of the Criminal Petition, the Hl'gh Court may be pleased to release the Petitioner / Accused No.7 on bail in connection with crime No. 226 / 2024 dated.I 28.10.2024 Under Sections 8(C) I/w 20 (b)(ii)(C) of NDPS Act, 1985, on the file of Pithapuram police Station, Kakinada District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Mr. K.K.Komalan, Advocate for the petitioner and of public prosecutor for Respondent, the court made the following APHCO10126602025 Jr lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2731/2025 Between : P Ashokan Murikulla ...PETITIONER/ACCUSED AND The State OfAndhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1.K K KOMALAN Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A7, seeking regular bail, in Crime No.226 of 2024 of Pithapuram Town Police Station, Kakinada District. 2. A case has been registered against the petitioner herel'n and others for the offences punishable under sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution is that, on 28.10.2024, on receipt of credible information, the S.I. of police along with his staff and mediators rushed to NH 216, by-pass road near Raparthi Road Junction, Agraharam, and caug.±± ±`±e accused in possession of ``_ -- --` + ++++T+++ + 2 Jr/ 88Kgs of ganja. The contraband along wI-th other material was sel'zed under the cover of mediators report. 4. Heard. perusedtherecord. 5. Learned counsel for the petl'tl'oner subml'ts that basI'ng on the confessI-Onal statement of co-accused, the petl'tI-Oner herel'n js arrayed as accused I-n the present crl-me. Except the sal'd confessl-onal statement, no other materI'al has been collected to connect the petI't,'Oner Ion comml'ssl-on of offence. The petitl-oner has been in judl-cjal custody from 29.ll.2024. Learned AssI'Stant publI-C Prosecutor opposed to grant ba" on the ground that nvestjgatlon jn the present I®S not completed lt I-s submltted by the learned counsel for the petjtl-oner that the petl'tI-Oner has permanent abode and there l's no possI-bl''I'ty of hl-s fleeing away from the JurI-SdI'Ctl-On Of the Court. It l's submI-tted by the learned AssI'Stant Publl-c prosecutor that the petjtI.Oner hereI'n has no PreVl-OuS Crl'me record. 6. ln vI-eW Of the facts and cI'rCumstances of the case, sI'nCe the petl'tl'oner here,'n l's arrayed as accused basl'ng on the confessI®Onal statement of co-accused and consl'derI-ng the remand perl'od of the petitioner, this court js jncll'ned to grant ba" to the petl'tjoner herel'n/A7, on the followl'ng conditions. --so I/ i. The petitioner/A7 shall be released on executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with one surety for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Pithapuram. ii. On release, the petitioner shall appear before the Station House Officer concerned, once in a month, for a period of three (3) months. iii. The petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. 7. Accordingly, the Criminal Petition is allowed. frong~ SD/-M.SRINIVAS FREGISTRAR ASS ASSISTANT /ITRUE COPY// SECTION O lCER To, 1. The Judicial First Class Magistrate, pithapuram. 2. The I Additl'onal District and sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Rajamahendravaram. 3. The Superintendent, central Prison, Rajamahendravaram. 4. The Station House Officer, Pithapuram police station, Kakl'nada Distrl-ct. 5. One CC to SRI K.K.KOMALAN, Advocate [opuc] 6. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati. [ouT] 7. One spare copy. PSD .¢l/ (t r, HIGH COURT TMR,J DATED : 27/03/2025 BAIL ORDER CRLP.No.2731 of 2025 ALLOWED .£ 27 MR 2ife\