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2025 DAILYLAW 14230 (AP)

SEKHAR v. THE STATE OF ANDHRA RPADESH

CRLP/3742/2025 · 2025-04-21

T Mallikarjuna Rao

body2025

Judgment text

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(\ -. \'.\\ `f_4 lN THE HIGH COURT-OF ANDHRA PRADESH AT AMARAVI f/ MONDAY, THE TWENTY FIRST DAY OF APRILgiv*~._,:J£; TWO THOUSAND AND TWENTY FIVE l''t'± :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3742 OF 2025 rfoff- Between: Sekhar, S/o. Lakshmanan, aged about 54 years, R/o. Usilampatti Taluk, Ayothipatti, vagurani, Maduraj, Tamil Nadu State. Petitioner/Accused Nol2 AND The State ofAndhra Rpadesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent/complainant I . Petition under section 437 & 439 of Cr.P.C and 480 & 483 of BNSS., is fI'Ied praying that I'n the Circumstances Stated in the memorandum of grounds filed in support of the criminalpetition, the HI-gh Court may be pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of crime No.406/2024 of Duvvada P.S., Visakhapatnam District The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. ADAPA SUDHAKAR RAO Advocate for the petI'tI'Oner and of Public Prosecutor for the Responderlt; The Court made the following: --i APHCO10174752025 E]HE] HLiE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE 'SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL 'PETITION NO: 3742/2025 Between : Sekhar AND The State Of Andhra Rpadesh Counsel for the Petitioner/accused: 1.ADAPA SUDHAKAR RAO [3369] .HPETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking bail, in Crime No.406/2024 of Duvvada Police Station, Visakhapatnam Commissionerate. ` 2. A case has been registered against the petitioner and others for the offence punishable u/see.20(b)(ii)(C), 8(c) r/w 25 of the NDPS Act. 3: Heard lea'rned counsel for the petitioner and th.e learned Assistant Public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, is that, on 28.ll.2024 at about 06.00 am, on receipt of credible information, regarding illegal possession and i-_I E=j=- + 2 transportation of ganja, the-s.I of police, along with staff'and mediators rushed near bushes, East side Flat Form No.4, outside of Duvvada Railway Station and conducted vehicle checking. They observed One lady Carrying big bags on her scooty vehicle. On seeing police, she tried to abscond. But police immediately caught her and on enquiry, she disclosed that she along with her father in law transporting Ganja to Chennai. She confessed the involvement of other' accused in the commission of the offence. Police found 102 kgs of ganja in her possession. Police arrested her and remanded her to jud'ICial custody. During the course Of investigation, basing on the confession statement, A2 was arrested on 20.02,2025| 5. Perused the record. 6, Learned counsel for the petitioner submits that a Crime Came tO be registered on 28.ll.2024 and basing on the confession Statement Of CO- accused, this petitioner was arrested on 20.02,2025 and since then he has been in judicial custody, as such, prayed to allow the Criminal Petition. 7- ` Learned Assistant Public Prosecutor opposed tO grant bail tO the petitioner on the ground that the investigation is not yet completed and - some more witnesses are to be examined. 8. After careful observation of the material on record and SubmiSSiOnS made on behalf of both sides, it shows that the petitioner was arreste.d and remahded to judicial custody on 20.02.2025. Evidently no contraband has been seized from the possession of the petitioner. Since the accused has been in judicial custody from 20.02.2025, this Court found that most of the eeG3rf-rf= |*-...`.1 3 investigation pertaining tar,the role played by the petitioner in the commission of the offence would be completed. lt 'ls submitted that the petitioner is permanent resident of Madurai, Tamil Nadu State, there is no possibility of his fleeing away from justice and most of the witnes;es are offI'Cial witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. When ascertained, learned Assistant Public Prosecutor submitted that no antecedent reported against the petitioner. Considering the entire material on record, this Court is inclined tot grant bail to the. petitioner with some conditions. 9. 'n the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A2 herein shall be released on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum to the satisfaction of the learned I Additional District & Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Vizianagaram; (ii) on release, the petitioner shall appear before the station House Officer concerned once in a fortnight between 10.OO a.m. and 12.OO noon, for a period of two'(02) months. (iii) the petiti'oner shall not tamper with the evidence and hamper the investigation' and shall cooperate for investigation. ``.`= ._.`-|~-~ `--- S.PL_a_-PRirs'AD I-I__ a * a'Fis //TRUE COPY// ASSISTANT i: A'.a OFFlcER € V *P J. To, 1. The I Additional District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, central JaI'I, Visakhapatnam. 3. The Station House Officer, Duvvada Police Station, Visakhapatnam, Visakhapatnam District. 4. One CC to Sri. ADAPA SUDHAKAR RAO, Advocate [OPUC] 5. Two cos to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy Jss HIGH COURT TMR] J DATED:21/04/2025 BAIL ORDER CRLP.No.3742 of 2025 ALLOWED ¢±+ -` EE + .-