/ “ i [ 3369 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV«^Mfe& 41 FRIDAY ,THE NINTH DAY OF MAY iS ? rxi fi TWO THOUSAND AND TWENTY FIVE ■ ■ - iPRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4937 OF 2025 Between: 1. K. Sharukhan @ Sharuk, S/o Kumaranathan, Aged 24 years, R/o.Kongalmedu Village, Gummidipoondi Taluk, Tiruvallur District, Tamilnadu State. 2. G. Arul, S/o Gajendhiram, Aged 24 years, R/o. Samiretti Kandigal, Gummidipoondi Taluk, Tiruvallur District, Tamilnadu State. Petitioners/Accused Nos.7 & 8 AND The State, Station House Officer, Chillakur Police Station, Tirupati District, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. Respondent Petition under Section 439 of Cr.P.C, and Under Section 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant Regular Bail to the Petitioners/Accused Nos. 7 & 8 by enlarging them on bail in Crime No. 3/2025 of Chillakur Police Station. Tirupati District. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri MANIKANTA THOTA Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. r } APHC010232462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4937/2025 Between: ...PETITIONER/ACCUSED(S) K. Sharukhan Alias Sharuk and Others AND ...RESPONDENT/COMPLAINANT The State Station House Officer Counsel for the Petitioner/accused(S): 1.MANIKANTATHOTA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A.7 and A.8, seeking regular bail, in Crime No.03 of 2025 of Chillakur Police Station, Tirupati District. A case has been registered against the petitioners and other accused for the offences punishable under Sections 8(c) r/w. Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. Case of the prosecution, in brief, is that, on 08.01.2025, on credible information about transportation ganja, the Circle Inspector of Police along with his staff and mediators rushed to Sri City Zero Point, Tada village and Mandal, NH 16 and found one car bearino Wo. TN 09 CL 4739 transporting the 1. 2. 3. \ 2 ganja. The police found the accused in possession of 28 kgs of ganja in a car and seized the ganja from the accused. Learned counsel for the petitioner contends that based on the confessional statement of co-accused, the case against the petitioner is registered in this crime and they were remanded to judicial custody from 04.02.2025 and since then they have been in judicial custody, ascertained from the learned Assistant Public Prosecutor, he submits that investigation is not completed and no antecedents have been reported against them. 4. When Heard both sides. Perused the record. Since the case of the petitioners is based on the confessional statement, no contraband has been seized from their possession and no independent material has been collected, showing the involvement of the petitioners in the commission of offence. The Petitioners’ continued preventive custody cannot be based on an unsubstantiated suspicion that they might tamper with the evidence or influence witnesses. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. It is not in dispute that the Petitioners have got permanent abode, there is no possibility of fleeing from justice. Given the above facts and circumstances, this Court is inclined to grant regular bail to the Petitioners/A.7and A8 under the following conditions: 5. 6. 7. (a) Petitioners/A.7 and A.8 shall be enlarged on bail subject to execution of a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two (02) sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Nellore. (b) On release, the Petitioners/A.7 and A.8 shall appear before the Station House Officer, concerned, on every Sunday in between 10.00 AM and 1.00 PM for a period of three months or till filing of charge sheet, whichever is earlier V 3 (c) The petitioners shall cooperate with the investigating officer in further investigation of the investigating officer as and when called. Accordingly, the Criminal Petition is allowed. case and shall be available to the Sd/- K^TATA RAO deputy //TRUE COPY// Fo SECTION OFFICER 1. The I Addl. District And Sessions Judge, Nellore. 2. The Superintendent, Central Prison, Nellore. 3. The Station House Officer, Chillakur Police Station. 4. One CC to SRI. MANIKANTA THOTA Advocate [OPUC] (AP) High Court of A.P.,Amaravati 6. One spare copy Tirupati District. HIGH COURT TMR,J DATED:09/05/2025 BAIL ORDER CRLP.No.4937 of 2025 ALLOWED 19 O; m? Oi, ^SPAt^ . cf.* ■