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High Court of Andhra Pradesh · body

2025 DAILYLAW 19316 (AP)

M MOHAN v. THE STATE OF ANDHRA PRADESH

CRLP/5576/2025 · 2025-07-01

K Sreenivasa Reddy

body2025

Judgment text

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A`es-i. lN THE HIGH COURT OF ANDHRA PRADESH AT AMA WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5576 OF 2025 Between : 1. M.Mohan, S/o. Mani, .aged about 21 years, R/o. Fl.No.15, Kumaran Street, Madhavaram Village, Chennai, Tamil Nadu State. 2. V. Lokesh, S/o. Venkatesh, aged about 23 years, R/o. FI.No.8/18, Alamara Street, Athipattu Village, Ambattur Post, Tiruvallur District, Tamil Nadu State. 3. I. Arularaj, S/o. Iyya`b~bah; arg6d`about 24 years, R/o. H.No.12/9, Kovi! Street, Periya Palaya.th.u`mamman, Chennai, Tamil Nadu State. ...Petitioners/Accused NoIl to 3 •' AND The State of Andhra Prac!esh,-Rep by its Public Prosecutor, Fligh Court of Andhra Pradesh. ...Respondent petition under section` r459(i) of Cr.P.C & Under Section 483(1) of BNSS is filed praying that in the circumstances stated in the memorandum of grounds filed I-n Support df ±he` -Criminal Petition, the High Court may b6 pleased to modify the order'bassed by the Metropolitan Sessions Judge-Gum-I Addl. District & Sessions Juc!ge--I-Special Judge for Trial of Offences under NDPS Act, Visakhapatnain` i'`h:-Cr!.M.'P. No.638/2025 in Cr. No. 01/2025 dated 19.03.2025 by considering\ the situation of the Petitioners/Accused No.1 to 3 as t[petitioners/Accused Not.fit:+i+sO 3i_o` be released on bail on executing a self bond for Rs.10,000/-(Rup56§-T6-h£Thousand only) each with single surety for a like sum to the satisfactiorl Of Metropolitan Sessions Judge-Gum-I Addl.i District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam" insteac! of "Petitioners/Accused No.1 to 3 to be released on bail on executing a self bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for a lik6 sum each to the satisfaction of Add[. Judl-cialr First CIass Magistrate, Narsipatnam and permit the Petitioners/Accused No.1 to 3 to deposit the surety bonci a+mount of Rs.10,000/-each with single suretyJ instead of Rs.50,000/-each with I.wo sureties. The Petition coming on,-for-~lhearing, upon perusing the Petition and the memorandum of grounds 'fi:fed in support thereof and upon hearing the arguments of SRI BALABH!ADRUNi- MANOHAR, Advocate for the Petitioners, a'nd of PUBLIC PROSEC!JTOR,I-'`for the Respondent, the Court made the following I I J` HONJBLE SRI JUSTICE KI SREENIVASA REDDY Cr-imina] Petjtjon No|5576 of 2025 Order: The Criminal Petition, under section 483(1) of B.N.S.S., has been filed seeking to modify the condition imposed on the petitioners/Al to A3 in the order, dated 19.03.2O25 passed in CrI.M.P No.638 of 2025 by the learned I Additional District and Sessions Judge-Gum-Special Judge for trial of Offences under the NDPS Act, Visakhapatnam. 2. Heard. Perused the record. 3. A case has been registered against the petitioners herein in Crime No.01 of 2025 of Rolugunta Police Station, for the offences Punishable under Sections 20(b)(ii)(B), 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. The learned I Additional District and Sessions Judge-Gum- Special Judge for trial of Offences under the NDPS Act, Visakhapatnam, granted bail to the petitioners/A-1 to A-3 in Crl.MP.No.638 of 2025, on condition that the petitioners shall execute a Personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for a like sum each to the satisfaction of the Additional Judicial Magistrate of First Class, Narsipatnam and other conditions as specified in the order. `.--I--_p I- **r. 5. The present criminal Petition is filed on the ground that the petitioners could not be jn a position to furnish bond for Rs.50,000/- and though the bail order was passed on 19.03.2025, tI-ll today, the petitioners could not get themselves released on bail, hence they urged to modify the said condition l'mposed by the court below. 6. In vI'eW Of the aforesaid facts and circumstances, this court is inclined to modify the condition imposed by the court below. Accordingly, the condition imposed by the learned I Additional District and Sessions Judge-cum-special Judge for trial of offences under NDPS Act, Visakhapatnam, in the order in crI.MP No.638 of 2025, dated 19.03.2025, is modifI'ed tO the extent that the petitioners shall execute a personal bond for a sum of Rs.10,OOO/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned I Additional District and sessions Judge- cum-Special Judge for trial of Offences under the NDPS Act, Visakhapatnam. It is made clear that rest of the conditions as imposed by the learned I Additional District and Sessions Judge-Gum- Special Judge for trial of offences under the NDPS Act, Visakhapatnam, in the order in crI.MP No.638 of 2025, dated 19.O3.2025, shall remain unaltered. 7. Accordingly, the Criminal Petition is allowed. ``<- I_ xp-I ='3i~ liiiiiii= •\c+ 4 •To , ;?_ `-=-.=,a As a sequel thereto, the miscellaneous applications, pending if any, shall stand closed. sD/-B.cHITT! JOSEPi+I A ---_ ASSIS SEC --i__T':;#i:: E~=GISTRAR : . //,TRUE COPY// ...~L •=+,I;,.`r,: -I:I..;-i i'...€ _):. .. `t` i,-... •2!.= .-,-?:..¢. For I ''\.- I 1. The Metropoll'tan S`e§-S-i`bn's-Ju'dge-Gum-I Additional District & sessions Judge-Special Judg`e`'|'1Z-for I Trial of offences under NDPS Act:, visakhapatnam, visakh`apL'atn'am District 2. The Superintendent,. 'centraI Jal'I, VI-Sakhapatnam, VI'SakhaPatnam DI'StriCt 3. The Station House Officer, Rolugunta Police Station, AnakapallI' District 4. One CC to SRI. BALABHADRUNI MANOHAR Advocate [opuc] 5. Two CCs to PUBLIC 'PR:dSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR .-l=-\ + . .`` . S'._. : . !r3,`, =`J= A HIGH COURT SRK,J DATED.. 02/07/2025 BAIL ORDER CRLP.No.5576 of 2025 ALLOWED