Extracted from the PDF above. The PDF is authoritative.
+ ` i . \ I| lN THE HIGH COURT OF ANDHRA PRADESH AT A TUESDAY ,THE TWENTY FIFTH DAY OF MA TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SR'l JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2846 OF 2025 Betwee n :
1. Mohan Madan Kumar, S/o.Mohan, Aged 30 years, R/o. Kayalarmedu Village Gummidipoondi Taluka, Tiruvallur District Tamilnadu. -A4
2. Panjanathan Ajay, S/o. PanJ®anathan, Aged 25 years, R/o. Kayalarmedu Village, Gummidipoondi Taluka, Tiruvallur District Tamilnadu. -A5
3. Munusundaram Kirubakaaran, S/o. Munusundaram, Ages 18 years, R/o. Kayalarmedu Village, Gummidipoondi Taluka, Tiruvallur District, Tamilnadu. -A6 Petitioners/Accused Nos.4,5 and 6 The State of A. P., Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Tada Police Station. Tirupati District (Chittoor District). Respondent AND Petition under Sections 437 & 439 of Cr.P.C. (Old Act) Under Sections 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/ Accused No. 4,5 and 6 on Regular Bail in
--_I-,-,-I -I cJi, ~_?`ZZEEEEREg= connection with CrI'me No.3/2025 on the file of Tada Police Station, dated:
08.01.2025. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri VAJJA CHETHAN KUMAR REDDY Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners/A4 to A6, seeking regular bail, in Crime No.3 of 2025 of Tada Police Station, Tirupati District. 2. A case has been registered against the Petitioner herein and others for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act'). 4gr-5gr<' \ I:i / 4
2
3. The brief facts of the case are that on o8.01.2025, on credible information about transporatl'on ganja, the circle Inspector of police along with his staff and mediators rushed to Sri City Zero Point, Tada Village & MandaI, NH-16 and found one car bearing No.TN-09-CL-4739 transportI'ng the ganja. The police found the accused in possession of 28 kgs of ganja in a car and seized the ganja from them. 4. Heard. perusedtherecord. 5.
The learned counsel further submits that, based on the confessI-On Of the co-accused, the crI'me Was registered against the petitioners/A4 to A6. However, from the record, it does not appear that any contraband was seized from the possession of A4 to A6 based on the confession of the co-accused. It is submitted that the petitioners have been in judicial custody since
31.01.2025. The contraband involved js stated to be 28 kgs of ganja, and Al and A2 have already been released on ba" as per the orders in Crl.P.No.1973 of 2025 dated o5.03.2025. 6. Upon perusing the order passed by this court, it appears that the investigating officer has not compll'ed with the procedure as contemplated under section 52-A of the NDPS Act. Consequently, this court considered the bail application of the +_'= %' c---`.. \ \
7. ln view of the facts and circumstances of the case, since the petitioners herein are arrayed as accused Nos.4 to 6 basing on the confessional statement of co-accused and the petitioners have been in judicial remand since 31.01.2025, this Court is of the opinion that the release of the present petitioners would not hinder the investigation in anyway. Most of the witnesses are shown to be official witnesses and the release of the petitioners/A4 to A6 would not cause hampering of investigation, this Court is inclined to grant bail to the petitioners herein/A4 to A6, on the following conditjon§: (i) The petitioners/A4 to A6 shall be released on executing a Personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First class, Sullurpet. (ii) After release, the petitioners shall appear before the Station House Officer concerned, once in a fortnight for a period of three (03) months.
I-`., Z
4 (iii) That the betitioners are directed not to hamper the investigation and tamper with the prosecution witnesses and they shall cooperate with the investigation. 8. Accordingly, the Criminal Petition is allowed. sd/- Kl. 'J. RAJA BABu ASSISTANT'`RE FoI SECTION OFFICER //TRUE COPY// To,
1. The Additional Judicial Magistrate of First Class, Sullurpet, Tirupati District. 2. The Superintendent, Central Prison, SPSR Nellore. 4#
3. The Station House Officer, Tada Police Station. Tirupati District ; (Chittoor District). 4. OneCC to SRI. VAJJACHETHAN KUMAR REDDYAdvocate [OPUC] /
5. Two cos to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy . ~ ` /
HIGH COURT TMR,J DATED.. 25/03/2025 BAIL ORDER CRLP.No.2846 of 2025 ALLOWED ~_a--` I +`€