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2025 DAILYLAW 11796 (AP)

GEMMELI MALLESH v. THE STATE OF ANDHRA PRADESH

CRLP/2938/2025 · 2025-03-26

T Mallikarjuna Rao

body2025

Judgment text

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`. Z, [3369] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA¥!#; WEDNESDAY ,THE TWENTY SIXTH DAY OF MARC TWO THOUSAND AND TWENTY FIVE \# :PRESENT: `_. ,... THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2938 OF 2025 u+ Between : Gemme" M#esh, S/o Nistu, Aged 34years, Bhimanupalli Village, Kudumu Sara Panchayath, chinthaplli MandaI, Alluri Sita Rama Raju District.\rff Petitioner/Accused-6 AND The State Of Andhra Pradesh, Rep by its Public P%gecutor, Through the SHO, Makavarapalem police station, Anakapalli District, High Court ofAndhra EEc Pradesh at Amravati. Respondent/Complainant petition under sections 43r& 4¥g`of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the criminal petition, the High Court mgrbe pleased to release the petitioner/Accused No.6 on bail in FIR No. 174/2023 of Makavarapalem Police Station, Anakapalli District on 27-0#023 on the terms and conditions as the court may deem fit and proper in the facts and circumstances of the Case. COUNSEL FOR THE PETITIONER .I SRI. PANGI RAJU BABU v; COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR of THE COURT MADE THE FOLLOWING ORDER \._- -. ~. APHCO10137722025 IN THE HIGH COURTOF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONouRABLE SRI JUSTICE T MALLIKARJUNA RAO CRlIVIINAL PETITION NO: 2938/2025 Between: Gemmeli Mallesh ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh counsel for the petitioner/accused: 1. PANGI RAJU BABU counsel for the Respondent/COmPIainant: 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/A6, seeking regular bail, in crime No.174 of 2023 of Makavarapalem Police Station, Anakapalli District. 2. A case has been registered against the Petitioner herein and others for the offences punishable under Sections 20(b)(ii)(C), 22(c), 25 read with 8(c) of the Narcotic Drugs and psychotropic Substances Act, 1985. 3. Case of the Prosecution iS that, On 27.08.2023, the S.I. of MakavaraPalem Police Station received information about the illegal transportation Of Ganja. Immediately, he secured the presence of mediators, rushed to main road near RTC complex, --- *1+ -zfsj33 '\\.\ --- 2 J|? Makavarapalem and started conducting vehicle check. At that time, he found one Safari white colour car bearing Regd.No. KL16 E 0582 coming from Narsipatnam and proceeding towards TaIIapalem and by looking at Police, three persons got down from the vehicle and tried to escape from them. Then, Police caught them and found 20 Kgs of liquid GanJ-a and 20 Kgs of Ganja in their possession. The Ganja was seized by police under the cover of Mediators Report. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that basing on the confessional statement of co-accused, the petitI-Oner herein is arrayed as accused in the present crime. Except the said confessional statement, no other material has been collected to connect the petitioner in commission of offence. The petitioner has been in judicial custody from 21.10.2024. Learned Assistant Public Prosecutor opposed to grant bail on the ground that investigation in the present is not completed. lt is submitted by the learned counsel for the petitl'oner that the petitl'oner has permanent abode and there is no possibility of hI'S fleeing away from the Jurisdiction of the Court. 6. ln view of the facts and circumstances of the case, since the petitioner herein is arrayed as accused basing on the { 5SfP3555EfZS To, I I l\ .I I 3 J} confessional statement of co-accused and considering the remand period of the petitioner, this Court is inclined to grant bail to the petitioner herein/A6, on the following conditions. l'. The petitioner/A6 shall be released on executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam. ii. On release, the petitioner shall appear before the Station House Officer concerned, once in a fortnight i.e., on lst and 15th of every month between 10.00 AM and 01.00 PM., 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. /ITRUE COPY// SD/- M.PRABHAKARA RAO ASSISTANT REGISTRAR For SECTION OFF ER ` . 1 I TohffeelcAedsditlodnearl NDisEriStA&ct:3;ss;oknhsap+TtdngaerispJ¥'lal Judge for Trial of 2. The superintendent, Central Prison, Visakhapatnam ut rf 3. The Station House officer, MakavaraPalem Police Stat'lon, Anakapalli District ~ 4. One CC to SRl. PANGI RAJU BABU Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. Onesparecopy `~# r/ HIGH COURT TMR,J DATED.. 26/03/2025 BAIL ORDER CRLP.No.2938 of 2025 ALLOWED 'ii-'.;:?#, `L I NI^R \NIbl L rH!ErsFEHEE==rsrmREEREiErai ` r3 -_