Extracted from the PDF above. The PDF is authoritative.
I3327] IN THE HIGH COURT OF ANDHRA PRADESH AT AN MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA CRIMINAL PETITION NO: 6540 OF 2025 Between : J Hepsy, W/o R John, Aged about 50 yrs, R/o D.No.2/152, VI'jayaPuram H/w Village, Vijayapuram Mandal and Chittor District Petitioner/Sole Accused AND The State ofAndhra Pradesh, Represented by public prosecutor, High Court for the state of Andhra Pradesh at Amaravati Respondent/complainant r7_ petition under Sections 482 of BNSS (old 438 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the criminal Petition, the HI'gh Court may be pleased to enlarge Petitioner/Sole Accused on Pre arrest bail in the event of her arrest in connection with cr.No.48/2025 of ProhI-bill-On and Excise Station, Nagari, Chi{toor Dl-strict. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri SATHEESH KUMAR EERLA, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following;
_ ORDER:- The Criminal Petition, u/Sec.482 of B.N.S.S is filed on behalf of the petitioner/accused to grant anticipatory bail in connection with Crime No.48/2025 of Nagari Proh. & Excise Police Station. 2) A case has been registered against the petitioner herein for the offence punishable u/Sec.7A r/w 8(e) ofA.P. Prohibition Act,1995. 3) The case of the prosecution, in brief, isthat: On 15.3.2025 at about 10.00 am, on receipt of credibl'e information regarding illegal possession and preparation of lD liquor,. the Station House Officer of Nagari police station and his staff raided the house of one woman situated at vijayapuram v & M and found the said person with a white plastic can. On seeing police, the said woman escaped from the place. Then police tried to catch her but, in'vain. Then, police conducted search and found 07 liters of ID liquor in the white can. They tried to secure the presence of mediators but, as none came forward to act as mediators, police seized the contraband under the cover of a Special Report. Their enquiry with nearby persons revealed that the said person skulked from the place is petitioner/accused. The case is registered and investigated into. 4) Heard. Perusedtherecord. 5) .
Learned counsel for the petitioner submitted that basing on the suspicion only, the case came to be registered against the petitioner. 6) Learned Assistant Public Prosecutor opposed to grant bail on the ground that the pe{itio'ner is a habitual offender. He'further submitted that investigation is not completed and it is at crucial stage and prays to dismiss the petition. 7) As seen from the Special Report dated 15.3.2025, on seeI'ng the police, the- petitioner absconded from the scene of offence and on conducting search,the Investigating Officer found 07 liters of lD liquor. A perusal of material on record discloses that during investigation, it revealed that the person who absconded.from the scene is none other than the petitioner/accused. The crime has been registered on 15.3.2025 and a perusal of the Special Report pr,|ma rae,'e goes to show that the police failed to follow the procedure as contemplated under the A.P. Prohibition Act,1995, and as no independent witnesses were present at the time of Search, Seizure, identification, they Prepared Special Report. Major portion of investigation has been completed. The petitioner/accused has got fixed abode. ln view of the aforesaid facts and circumstances, this court deems it appropriate to grant pre-arrest bail to the petitioner. 8) , Accordingly, the petitioner/accused is directed to surrender before the station House Officer concerned within two (2) weeks from today and €._,--se- iiii-
on such surrender, the petitioner shall be released on bail on her executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the arresting police officials and the petitioner shall appear before the Investigating Officer once in a fortnight i.e. on every 2nd and 4th Sunday in between 10.00 am and 05,00 pm for a period of three (03) months and the petitioner shall not cause any threat, inducement or promise to the prosecution witnesses.
9) With the above directions, the Criminal Petition is allowed. //TRUE COPY// For/ Sd/-SHAIK MOHD. RAFI AS S I SsTE=NTquOPNE GolFSFI R:: : To,
1. The X Additional District and Sessions Judge, Tirupati
2. The Station House Officer, Prohibition and Excise Station, Nagari, Chittoor District
3. One CC to SRl. SATHEESH KUMAR EERLAAdvocate [OPUC]
4. Two CCs to Public Prosecutor, High Court ofAP [OUT]
5. One spare copy KJ <>-? -.-3
HIGH COURT SRK,J DATED : 07/07/2025 BAIL ORDER CRLP.No.6540 of 2025 ALLOWED #-a ,, i Ei Bfi