Extracted from the PDF above. The PDF is authoritative.
1 HN, J Crl.P.No.3562_2025
APHC010154042025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3562/2025 Between: Ommi Adi Lakshmi, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. Y V SRINIVASAN Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
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The Court made the following Order:
1. The learned counsel for the petitioner submits that the petitioner is arraigned as an accused in Crime No.123 of 2024 registered at Gajuvaka Police Station, for the alleged offences under Sections 3(1), 4(1), 5(1)(a) of the PITA (Prevention of Immoral Traffic Act), 1956, and Sections 370(A)(2) and 342 of the IPC. 2. The petitioner was initially enlarged on bail on 14.03.2024. However, the prosecution filed a petition under Section 439(2) of the Cr.P.C seeking cancellation of the bail. The learned XIII Additional District and Sessions Judge, Gajuvaka, Visakhapatnam, allowed the petition on 30.01.2025 and cancelled the bail granted to the petitioner. The petitioner was directed to surrender before the III Additional Chief Judicial, Gajuvaka, by 07.02.2025. The learned counsel for the petitioner submits that the investigation was completed and the charge sheet was filed by the police. In such a scenario, there could not be an occasion for the prosecution to seek cancellation of bail. Even from the order passed by the learned XIII Additional District and Sessions Judge, Visakhapatnam, it is categorically mentioned that the charge sheet in Crime No.123 of 2024 was filed. 3. Heard the learned Assistant Public Prosecutor and perused the record. 4. The petitioner is also arraigned as an accused in other cases, which are pending trial. That apart, it is alleged that the petitioner committed another
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offence on 14.03.2024 and obstructed a women constable, leading to the registration of another crime against her. 5. Considering that several criminal cases are pending against the petitioner, the learned XIII Additional District and Sessions Judge, Gajuvaka, Visakhapatnam, cancelled the bail granted to the petitioner. However, the petitioner has not violated any of the bail conditions. Furthermore, once the investigation in Crime No.123 of 2024 was completed, there could not have been any occasion for the learned XIII Additional District and Sessions Judge, Gajuvaka, Visakhapatnam to allow the petition filed by the prosecution seeking cancellation of bail.
The mere pendency of other cases against the petitioner cannot be a ground for cancellation of bail in a case where the investigation is complete. 6. On these grounds, the order passed by the XIII Additional District and Session Judge, Visakhapatnam, at Gajuvaka is set aside. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 02.04.2025 NKA
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257 HONOURABLE SRI JUSTICE HARINATH.N
Criminal Petition No.3562 of 2025
Date: 02.04.2025
NKA