Vadivelu.K @ Velu, v. The State of Andhra Pradesh,
CRLP/2862/2025 · 2025-04-01
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11574 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11574 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
H-E I/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIRST DAY OF APRIL \i~utdJf¢ TWO THOUSAND AND TWENTY FIVE \Jf# :PRESENT.- ```^ ,... THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIIVIINAL PETITION NO.- 2862 OF 2025 tar :ig>i,i i.i:- Between-I trrf
1. Vadivelu.K @ Velu, S/o Kasi, Aged 43 years, R/o. D.No. 24/76, West pe Maada street, Nungambakkam, Tamilnadu state. gr
2. Harish¥A, S/o Anbu, Aged 22 years, R/o D.No. 9(1), Bhavani street, sruddesi Nagar, Thirunidravur, ThI'ruVallur DistrI-Ct, Tamilnadu state. \hefat
3. B. karthifeyan @ Karthi, s/o Bhaskar, Aged 19 years, R/o. D.No.18, TVaa#lvnaardkuud:Taut:[puL Houslng Board colony, Nungambakkam, Petitioners/Accused Mos.1,2&3 L/ I AND The State ofAndhra pradesh, SHO, Tada PoII'Ce Station, Tirupatj gr District, Rep. by its pubII'C Prosecutor, High Court ofAndhra pradesh, Am a ravati tr# Respondent petition under sections 4t6 & 4#of BNSS (old Sect!'ons 437 & 439 of cr.p.c), praying that jn the circumstances stated l'n the affidavit filed in support of the criminal petitI'On, the High Court may be pleased to grant the petitioners/A.1, A.2 and A.3 bail on such terms and cond,'tions as deemed fl't dl'rectl-ng their enlargement I-n Crl'me No. 24 of 2025 of Tada Police station, TI'ruPatI' diStrl-Ct. ut#rf ~ The petition coming on for hearing, upon perusl'ng the petI'tiOn and the grounds filed ig3uPPOri thereof and upon hearing the arguments of sri BHOOMA MAHARSHI REDDY, Advocate for the petI-tiOnerS and of PUBLIC PROSECUTOR for the Respondent and the court made the followl'ng,-
APHCO10134232025 J/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special or|lginaI Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PEI±I!QD!LNO: 2862/2Q2± Between I. Vadivelu.k @ Velu, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused(S):
1.BHOOMA MAHARSHI REDDY counsel for the Respondent/COmPlainant:
1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition u/See.480 and 483 of B.N.S.S. has been filed by the petitioners/Al to A3 seeking regular bail in Cr.No.24/2025 of Tada police station, Tirupati District. 2. The above sa'ld Crime Was registered against the Petitioners and another for the offence punishable u/See.20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and PsychotroPiC Substances Act, 1985 (for short 'the NDPS Act'). 3.
The case of the prosecution iSaSfOllOWS: IE3I
I/ On 02.3.2025 at 4.00 am, on receipt of credible information about illegal possession and transportation of ganja, the S.I of police, along with his staff and mediators rushed to Sri city zero point, Tada village and Mandal and found Al to A3 in suspicious circumstances with bags. On enquiry, they disclosed their identity particulars as that of Al to A3 and police found 10 kgs of ganja in their possession. Then police arrested the accused, seized the contraband and sent the accused to Court for judicial remand, They confessed the involvement of A4 in commission of the offence. 4. Learned counsel for the petitioners contended that even according {o the case of the prosecution, the petitioners were arrested when they were found in possession of 10 kgs of ganja and the petitioners are languishing in jail from 02.3.2O25 and prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor confirms non-filing of charge sheet by the police and opposed for grant of bail to the petitioners. But fairly conceded that the contraband seized is below commercial quantity. He further submitted that the petitioners have no previous antecedents. 6. Heard both sides. 7. Perused the entire material on record. 8. Learned counsel for the petitioners submitted that the contraband alleged to be seized from the possession of accused is only 10 kgs which is not commercial quantity. The petitioners are in J'udiCial Custody from <2- _ - / /
o2,3.2025 and they had permanent abode. As the contraband Seized iS not of commercial quantity, no reasons need to be recorded as contemplated under section 37 of the NDPS Act. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. As most of the investigation might have been completed and the petitioners had permanent abode and there is no possibility of their fleeing away from justice, as such, this Court is inclined toogrant bail to the petitioners. ll.
In the result, the criminal petition iS allowed with the following conditions: i. The petitioners/Al to A3 herein shall be released On bail On their executing a personal bond for Rs.10,000/-(Rupees ten thousand Only) each with one (o1) surety for a like sum each tO the Satisfaction Of the learned I Additional District and Sessions Judge, Nellore, SPSR Nellore District; 'li) After release, the petitioners Shall attend before the Station House Officer concerned once in a fortnight i.e. On every 2nd and 4th sunday between 10.00am to 01.00pm for a Period Of three (03) months; and iii) that the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses. //TRUE COPY// FoI`_ - / 3glss IE¥CTPTA#asF¥gcT§R€ARRAo
To,
1. The I Additional District-~& Sessions Judge, Nellore, SPSR NelloreLgrbtr^`CA~
2. The Superintendent, Nellore Central Jail, N#ore `rf
3. The Station House Officer, Tada Police Station, Tirupati District lrfd L/
4. One CC to SRI. BHOOMA MAHARSHI REDDY Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court ofAP [OUT] ur'
6. One spare copy KJ
HIGH COURT TMR,J DATED:01 /04/2025 BAIL ORDER CRLP.No.2862 of 2025 ALLOWED -tap '' #``-E£`6i.-£is``¥t