IN THE HIGH COURT OF ANDHRA PRADESH AT AM TUESDAY, THE TWENTY FIFTH DAY OF MAR TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2859 OF 2025 Between : 1. Sujin P.T., S/o. SuniI Kumar P.T., aged about 21 years, R/o. PanthalamthadathiI (Pernithalamanna), Vengad Post, Moorkkanad, Kolattor P.S., Malappuram District, Kerala State. 2. Kasim @ Kasim Khan, S/o. Bibdreesh, aged about 23 years, R/o. Aspur Village, AIapur P.S., Budaun District, Uttar Pradesh State. Petitioners/Accused No.1,2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, Hl-gh Court of Andhra Pradesh. Respondent Petition under Section 439(1) of Cr.P.C. and 483 (1) of BNSS., is filed Praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminalPetition, the High Court may be pleased to modify the order passed by the I Addl. District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI.M.P. No.3417/2024 in Cr. No.289/2024 dated 27.02.2025 by considering the situation of the petitioners/Accused No.1, 2 as l{petitjoners/A`1 & A2 to be released on bail on executI-ng a Self bond for Rs.10,000/-(Rupees Ten Thousand only) each with single surety for a like sum to the satisfaction of I Addl. District & Sessions Judge Special Judge for Trial of Offences under NDPS Act, Visakhapatnam " instead of {lpetitioners/AI & A2 to be released on bail on executing a self bond i,, c~- for Rs,50,000/-(Rupees Fifty Thousand Only) each With two Sureties for a like sum each to the satisfaction of " Addl. Chief Judicial Mag-lstrate, visakhapatnam, visakhapatnam District and Permit the Petitioners/Accused No.1, 2 to deposit the Surety bond amount Of Rs.10,000/-each With Single I surety instead of Rs.50,000/-each With two Sureties The petition COm'Ing On for hearing, upon Perusing the Petition and the memorandum of grounds filed -ln support thereof and upon hearing the arguments of sri. GOLLAPALLI MAHESWARA RAO Advocate for the petitioners and of public prosecutor for the Respondent, The Court made the following: ORDER:- This Criminal Petit-Ion under Section 483(1) of B.N.S.S., has been filed by the petitioners/Al and A2, seeking modification of the condit-Ions in the bail orders vide crI.M.P.No.3417/2024 dated 27.02.2025 on the file learned I Add-ltionaI D-lstrict & Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam and Permit the =,-r--,- a,i- ``--* .I// / 2 petitioners to deposit the surety bond amount of Rs.10,00O/-with two sureties instead of Rs.50,000/_ with two Sureties. 2| The above said crime 'was registered against the petitioners/Al and A2 herein and others in Cr.No.289/2024 of Gopalapatnam Police Station, Visakhapatnam District for the offence punishable under sections 20(b(ii)(B) r/w 8(c) of NDPS Act,1985. 3| Without going into the merits of the case, this criminal petition is filed only seeking modification of conditions in the bail orders in crl.M.P.No.3417/2024 dated 27.02.2025 on the file of learned I Additional District & Sessions Judge-cum-SpecialJ Judge for trial of offences under NDPS Act, Visakhapatnam. 4. lt is submitted thatdespite grant of bail bythe I Additional District & Sessions Judge-Gum-Special Judge for trial of offences under N DPS Act, Visakhapatnam in Crl.M.P.No.3417/2024 dated 27.02.2025, petitioners/Al and A2 could not furnish sureties for Rs.50,000/-with two sureties to the satisfaction of learned II Additional Chief Judicial Magistrate, visakhapatnam. He further contends that the Petitioners belongs to a poor family and the petition6rs are the only person to look after their family members by doing coolie work. It is further ` =® t=-i_ zzzz2 \.\ cLT``` 3 submitted that nearly one month time elapsed after granting bail to the petit'loners and the pe`L.itioners family members COuld not comply w'lth the order by furnishing suret-les. ln the said facts of the case, petitioners request to cons-lder the'Ir Case On humanitarian grounds. 5. Learned COunSel relied On a decision reported in SMWP (criminal) No.4/2021 dated 31.01.2023 on the file Of the Hon'ble supreme court wherein it is observed that {f,-f the ba,-/ bonds are not furnished within one month from the date of grant ba-II, the concerned court may suo-motu take up the case and consider whether the conditions of bail require mOdifi'CatiOn/relaxation". 6. lt Seems that the Court who granted ba" tO the Pet'ltiOner in th'ls crime has not taken such steps, l`thereby forced the petitioners to approach this court. There is nothing On record tO show that the said submiss'lons are incorrect, as such this court is inclined to mod'lfy the bail order. 7. ln the result, the Criminal Petit-Ion 'IS allowed and the pet'ltioners are ordered to be released on ba'll on their execution of self bond for Rs,10,000/-(Rupees ten thousand Only) each with two sureties for like sum each. lt is hereby made clear that the release of the petitioners/Al and A2 on their execution Of cfzzzfz-, Tol 4 self bond for Rs.50,000/-(Rupees fifty thousand only) each with two sureties for like such each is only modI-fl'ed. The remajnjng condjtjons imposed against the petitioners/Al and A2 sha" remain unaltered. SD/-N.NAG ASSISTANT MMA //TRUE COPY// SECTION GtS TRA R 1 The " AddltIOnal Chlef JudlclaI MagIStrate, Vlsakhapatnam, VIsakhapatnam Dl-strl-ct. 2. The I Addl'tl'onal Dlstrict & sessions Judge - speclal Judge for Trl'al of offences under NDPS-Ac-t, -vi:ao:uF£p=tunaagme. 3. The superintendent, central Ja" vl'sakhapatnam. 4 The statlon House officer, Gopalapatnam pollce statlon, Vjsakhapatnam District. 5 one cc to sn GOLLAPALLI MAHESWARA RAO, Advocate [opucJ 6. Two cos to the PUBLIC PROSECUTOR, High court of Andhra Pradesh [ouT] 7. one spare copy JSS `--== < HIGH COURT TMR, J DATED : 25/03/2025 BAIL ORDER CRLP.No.2859 of 2025 ALLOWED i(i.-,