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2025 DAILYLAW 21996 (AP)

Sachin J, v. The State of Andhra Pradesh

CRLP/6352/2025 · 2025-07-03

K Sreenivasa Reddy

body2025

Judgment text

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.` '\\`tLtsts IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI rdng`¢aF^Fja FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE {ilg :PRESENT: ¥j THE HONOURABLE-SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6352 OF 2025 Between = / Sachin J, S/o,Jitesh, aged abt 43 years, R/o.Padmalayam, Mam South, Karungapally (V), Amumakaclabu (P), Kollam Dist, Kerala State ...Petitioner/A1 ',AND The State of Andhra Pradesh, SHO, GRP P.S., Visakhapatnam Represented by its Public Prosecutor, High <Celirt of Andhra Pradesh at Amaravati, Guntur District. ..Respondent Petition under Section 439(1) of BNSS, praying that in the circumstances stated in the-` m'einorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to modify the BaI'I Conditions to the extent of the condition of executing the self bond of Rs.50,000/-with twcj sureties for the likes one amount by reducing the same to Rs.10,000/-which is passed in CRL.M.P.No.26'12/2024 Order dt.29.10.2024 passed by the l`': AddI. District Judge, Visakha`patnain-Gum. Special Judge for Trail of Offences1` ulnder NDPS Act, Visakhapatnam. Ig The Petition/ coming on for hearing, upon perusing the petition and the memorandum of grounds ~ filec! in support thereof and upon hearing the`` arguments of SRI ANAND KUM-AR KOCHIRI Advocate for the Petitioner, and^ of PUBLIC PROSECUTO`R, for the Respondent, the Court made the following` 1 AP HCO10309692025 IN THE HIGH COURT OF ANDHRA PRADESH . AT AMARAVATl (special Original JurI-SdictI-On) [3327] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE pREsENT THE HONOURABLE SRf JUSTICE K SREENfVASA REDDY Between: SachI-n J, ..lPETITIONER/ACCUSED AND The s{a{e ofAndhra pradesh ...RESPONDENT/COMPLA[NANT Counsel for the petI-tiOner/accused: 1.ANAND KUMAR KOCHIRI counsel for the Respondent/comp[ajnant: 1.PUBLIC PROSECUTOR The court made the foIIowin'g order: 1. This crI|minal Pe{jtion under sectlon 483(1)(b) & 484(2) of B.N.S.S., is filed seekI-ng modifica{[|on of the order dated 29.10.2024, passed jn cr'.M.P.No.2612 of 2024 on the fl'Ie of the learned I AdditI'Onal District & sessions Judge- specI|aI Judge for Trial of Offences under NDPS Act, VI'Sakhapa{nam. ses2PZfrf i...`*. ci +r 2 2. The learned COunSel for the Petitioner Submits that the trial court, by its order, dated 29.10.2024 granted bail tO the petitioner/accused No.1 in Cr[.M,P.No.2612 of 2024. The operat'lVe portion of the order reads as under; "In the result, the petition iS allowed _and i_he PetitiO.nP{/4_: i_s.. ordered i; 'dr;-riI-e-i:Sid-on 'bail on his eXeCu{iO.n Pf Per=OP_a_Il=9?n_d£ fPr^ uRus185,uoJvo/:;i{ir |t-wi; -stur6ties_ fpr_ I_ike. surf earChr.i_Plth^€ _s_a~ti Sff_auct£^n.H`?,f^:P.: 'dg:: v#fvtiI 'iidii-i;nil--i-drdi;iaI Magistrate Of Firs.I. CIas,s. .(for, P,3iI¥_a_y_s)_,. vVi==ki;=pii;iwi -a-nd on su_c_p_ reI6a_s3, _th_e ,.P?tit!P_n|€_rl_A1__spa:I! 2P\P,e^aartr v::fu:`;;trri;' '€i;tiJh--H;rise-officer, G. R.P.Police .St9t!0.a .PnPe in _a_ _r!_e_,e!1 i.v::I;n'€Je;;-in5';di; -drgiv9en 1. 6..po A: N!. and lil :00^ A_-.r!:I:,r^3_P::ioDd^?+f I;;;;ri;r:' th-; 'b-e{-i{id;;9r/Al s_h.all.not. Ieav? _ _i..P=.. _4m_:TLa^k%d^:,Vwlu^nPHOSht= vkJIaJ;-gis{r''Iirt, k6-riI-a State without Prior Perpr.i.SSiO.n Of the C?.I.ft _apLd..P+eL ':vh'drI' I;-ai;€' ;j'a-iI`ibia-hi-s location thrbug_h mobile pP.one,by, Pnairing it With -th€-ling-EiI`5 ;h6ne of the investigating officer round the clock." 3. Learned counsel appearing On behalfOfthe Petitioner Submits that even though bail was granted to the petit'loner on 29.10.2024, the.petitioner has been languishing 'ln ja'll, due to his inability {o execute personal bond for Rs.50,000/-with two Sureties for the like sum each. The petitioner iS a da|lly Wage labour, hailing from the state of Kerala and lacks financial means. 4. Heard both sides. 5. A perusal of the record goes tO Show that the accused No.1 has been 'angu'lshing in jail since 2O.09.2024. lt is apparent that though the accused was granted ba'll on 29.10.2024, he has been ~-~ h I- -t`giv -.€€. iIV in J|udiCI|al remand for more than eight months and he could not execute the bond due to his poor fI'nanCial conditI'On. 6. [n that vI|eW Of the matterJOnSidering the submissions of the learned counsel for the petit,|oner, the order, dated 29.10.2024, is hereby modified {o the extent of the petitioner/Al execu{I-ng a self bond for Rs.10,000/-(Rupees Ten Thousand only) with one surety to the sa{isfactI'On Of the learned vI Add[|t['onal Judicial Magistrate of FI|rSt Class (for RaI'lWayS), Visakhapatnam. 7. Accordingly, the criminal PetI'tiOn iS allowed. Miscellaneous pe{i{ions, if any pending, in the crimI|nal Petition, shall stand closed. To, I/r t I, J SD/- P.VINOD KUMAR ASSISTANl7 I-I:; //TRUE COPY// SE I REGISTRAR ON OFFICER 1. The VI Additional Jud['cI|al Magistrate of First Class for Railways-Gum-vl Additional Civl'l Judg`e court, vl'sakhapatnam, vlsakhapatnam DistrI-Ct 2. The superI-ntendent, 'C±ntral Jail, VI-Sakhapatnam, VI-Sakhapatnam Dl'strict , c \ \\_. 3, The station House officer, Government RaI'lWay Police statI'On-, VI'Sakhapatnam. 4. One CC to SRI. ANANb K'UMAR KOCHIRI Advocate [opuc] 5. Two CCs to PUBLIC PROSECUTOR, H]-gh Court of Andhra pradesh [OUT] 6. One spare copy PSR ., 'J` ` I, !r,, HIGH COURT SRK,J DATED..04/07/2025 BAIL ORDER CRLP.No.6352 of 2025 ALLOWED