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2025 DAILYLAW 19798 (AP)

PUROHITH SURESH KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/5742/2025 · 2025-06-05

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMA ~J FRIDAY, THE SIXTH DAY OF JUNE fl .rfe TWO THOUSAND AND TWENTY FIVE .|PRESENT: "ffioNO URABLE SMT-i J`s-TTcI=l kIRANMAYEE MA`¢fe-`RE CRIMINAL PETITION NO: 5742 OF 2025 ,~ tl1=-r,:=tT=:,J--,i¥rl Between : 1. Purohith suresh Kumar, s/o. Madharam Aged 32 years, R/o. Dada! v['IIage, Baguda p.s. chyla Mandal, Jalar DI®StriCt, RaJ'aSthan State. 2. PurohI-th Gopal, s/o. Ganeshram, Aged 24 years, R/o. Haripuram at ::JaakS:hPaa:]7s:a/:e DadaI V"lage' B#a p s chyla Mandal Jalar DIStrICt, ...PetI-tiOner/Accused No.1 & 4 AND The State of Andhra pradesh, By its public Prosecutor, High Court of A.P., Amaravatl-, Through stall-On House Police station, vizianagaram DI'StrjCt. ICer, Pedamanapuram ||Respondentt petition under sectI'OnS 437&439 of Cr.P.C/ Under SectI-OnS 480 & 483 of BNSs prayI-ng that jn the circumstances stated I-n the memorandum of grounds filed in support of the criminal PetI'tiOn, the High court may be pleased to enlarge the petitioners/ Al and A4 on Regular Ba" I-n COnnectjon: vwll::an::lamreamNDOls2t:Jc:Od:5o3Poe4d2aOT2a5n;gram Pollce on the flle of statlon, The PetI'tiOn coming on for hearI-ng, upon perusing the petition and the amrge:mo:anlsd UOT MO/fs gKr:uLnL:Su sf::d KIInRAS:PMPAO#E:heAr:::caa:ed fourP:hne hpeea[:::ogn etrhs: and of PUBLIC PROSECUTOR, for the Respondent, the court made the' foIIowl-ng APHCOIO277552025 IN THE H[GH COURT OF ANDHRA PRADESH AT AMARAVATI (SpecI-aI Original Jurisdiction) FRIDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA CRIMINAL PETITION NO: 5742/2025 Betwee n : Purohith Suresh Kumar and Others AND The State Of Andhra Pradesh Counsel for the petitioner/accused(s): 1. KOLLI USHA KIRANMAYEE [3458] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order:- The present application js filed seeking to grant regular bail to the Petitioners/A1& A4 in Crime No.22 of 2025 on the file of Pedamanapuram Police Station, Vizianagaram District registered for the offences under Sections 8(c) & 20(b)(ii)(B) of NDPS Act, 1985. 2. The case of the prosecution is that on o3.04.2025, information Was received by the Poll-Ce that the Petitioners along with other accused while possessing Ganja are transporting the same. They were accordingly 2 KM,I Crl.P.No.5742 of 20-25 apprehended and 16.1 Kgs of Ganja was seized in the presence of mediators. The petitioners were remanded to judicial custody on o3.04.2025. 3 lt ls contendedbt`hl:hatflt*et:'3Lfrr:and selzed was 161 kgs of GanJa, is below the Commercial Quantity. It is further argued that the police have not followed the mandatory provisions of section 52-A of N.D.P.S. Act. AccordI'ngly, SOught for enlargement of bail to the petitioners, on any terms. 4. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for the respondent. 5. The learned Assistant Public Prosecutor would submit that the charge sheet in the case has not yet been filed. Investigation is pending. 6. Having heard the submissjons made,G`-heaving regard to the circumstances of the case and taking into consideration the submissions made on either side, this court deems it appropriate to grant bail fo the petitioners on the following conditions.' (i) The petitioners/accused Nos.1 & 4 shall be enlarged on a bail on executing a personal bond for a sum of Rs.20,000/- (Rupees Tw-enty Thousand only) with two sureties of the like sum each to the satisfaction of the learned Jud]-cial First class Magistrate, Gajapathinagaram. (ii) The petitioners/accused Nos.1 & 4 shall mark their attendance before the pedamanapuram police station, vizianagaram of lst week of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. T=`_ =_-----,7 3 KM,J CrI.P.No.5742 of 2025 (iii) The petitioners/accused Nos.1 & 4 shall make themselves available for investigation as and when required and they shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer. (iv) The petitioners/accused Nos.1 & 4 shall not indulge in similar acts of crime- (v) The petitioners/accused Nos.1 & 4 must regularly participate in the pre-trial and trial process without fail before the Competent Court. 7. With the above observations, the Criminal Petition is allowed. As a sequel, pending applications, if any, shall stand closed. //TRUE COPY// SD/-K. KASIRAO ACHAR[ ASSISTANT##STRAR SECTION OFFICER Fc To, 1. The Judicial First Class Magistrate, Gajapathinagaram, Vizl'anagaramd#,'J District 2. The Superintendent, Central Prison, Visakhapa{nam 3. The Station House Officer, Pedamanapuram Pof=~Station, Vizianagaram DistrI'Ct 4. One CC to M/s KOLLI USHA KIRANMAYEE Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR .4giv4rfu a HIGH COURT KM,J DATED :06/06/2025 BAIL ORDER CRLP.No.5742 of 2025 ALLOWED