` _-_-I---------=~ lN THE HIGH COURT OF ANDHRA PRADESH AT AI WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: l| THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAE CRIMINAL PETITION NO: 6663 OF 2025 Betwee n : Tommandara Surya Prasad @-Stlfya`E2ral€ach surya prakash @ sivaji @ chapathi, S/o. Arjuln, aged about 24 years, R/o. old Bus Stand, Narsipatnam Town, Anakapalli District, A.P. ..IPetitioner/Accused No.5 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent petition under section 480 & 483 of BNSS (Old Section 437 and 439 of cr.p.c.) is filed praying that in the circumstances stated in the memorandum of grounds filed in support of thie Criminal Petition, the High court may be pleased to enlarge the Petitioner/Accused No.5 on ba-ll pending d'lsposal of crime No. 62/2025 of Nars-lpatnarn Town P.S. now Anakapalli District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI GOLLAPALLi MAHESWARA RAO Advocate for the petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following. ORDER: /4tf` APHCO10324052025 EF=IE1:E IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T IVIALLIKARJUNA RAO CRIMINAL PETITION NO: 6663/2025 Between : [3369] 1.TOMMANDARA SURYA PRASAD ALIAS SURYA PRAKASH ALIAS SIVAJI ALIAS CHAPATHlu SURYA PRAKASH @ SIVAJI @ CHAPATHI, S/O. ARJUN, AGED ABOUT 24 YEARS, R/O. OLD BUS STAND, NARSIPATNAM TOWN, ANAKAPALLI DISTRICT, A.P. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court ofAndhra Pradesh. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482' 6f cr.p.c and 528 of BNSS praying that in the.circumstances stated in the Memorandum of Grounds of Crl'minaI Petl'tion, the High Court pleased to enlarge the petitioner/Accused No.5 on bail pending disposal of crime No. 62/2025 of Narsipatnam Town P.S. now Anakapalle District and to pass Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik --I-` -1 suraksha sanhita, 2023, has been filed by the petitioner/A5, seeking bail, in .CrI'me No.62/2025 of Narsipatnam Town Police Station, Anakapalle District. + + 2 I 2. A case has been registered against thle petitioner and others forthe offences punishable u/secs.20(b)(ii)(C), 25 r/W 8(c) of the NDPS Act. 3. Heard learned counsel for the petitioher and the learned Assistant public prosecutor representing the respondeht/state. 4. Case of the prosecution, in brief, is that, on 22.3.2025 a{ 8.00am, on receipt of credible information, regarding illegal possession and transportation of ganja, the s.I of police, along with staff and mediators rushed to APR School, Peddaboddepalli and conducted vehicle checking. At that time one auto bearing registration n¢,.AP 31 TF 3892 was coming towards them and on seeing police, the inmates in the auto, who are three in number, stopped the auto and tried to escape. Then police apprehended said three persons and on enquiry, th6y disc;losed their identity particulars as that of Al to A3 and police found 100kg`S of ganja in their possession. police seized the contraband and other material and arrested the accused. They confessed the involvement of the petitiloner/A5 in the commission of the offence. During the course of inve§ttigation, police arrested the petitioner/A5 on 24.3.2025. I 5| Perused the record. I 6. Learned counsel for the petitioner contends that a crime came to be registered on 22.3.2025 and basing on the {3O`nfeSSiOn Statement Of Other accused, who were found to be in possessibn of 100 Kgs of GanJ'a, this petitioner was arrested on 24.3.2025 and sinq,e then he has been in J-udiCial custody, as such, prayed to allow the Criminall Petition. •r=3? I --- I Ft`i` 3 7. Learned Assistant Public Prosecutor has not disputed the above fact and opposed to grant bail {o the petitioner. 8-. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on 24.3.2025 basing on the confession statement of co-accused. Evidently no contraband has been seized from the possession of the petiti6ner. since the petitioner has been in remand from 24.3.2025, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. It is submitted that the petitioner is a permanent resident of Narsipatnam, there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. Considering the entire material on record, this Court is inclined to grant bail to the petitioner with some conditions. 9. In the result, the Criminal Petition is allowed wI'th the following conditions: (i) The petitioner/A5 herein shall be released on his executing'a personal bond for Rs.25,000/- (Rupees twenty five only) with two sureties for a like sum to the satisfaction of the learned I Additional Dist_riot & Sessions Judge-Gum-Special Judge for trial of often-6-;s under NDPS Act, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a fortnight between 10.00am and 12.C;0 noon, for a period of three (03) months. E= _/ /I I / Ik-I -------- _. ;_=fJj__sfu3 ::3± 4 (lil) the petl-tl'oner shall not tamper with the evidence and hamper the l'nvestI'gation and shall cooperate for Investigation. SD/-U. SRIDEVl //TRUE COPY// For. SECTION OFFICER To, 1. The Station House officer, Narsipatnam Town p.s. now Anakapalli DI-Strict. 2. The I Addjtjonal District and sessions Judge-SpeclaI Judge for Trial of Offences under NDPS Act, VI-Sakhapatnam. 3. The Superintendent, central Jail, Visakhapatnam. 4. One CC to SRI. GOLLAPALLI MAHESWARA RAO, Advocate [opuc] 5. Two ccs to PUBLIC PROSECUTOR, High Court of Andhra pradesh. [OUT] 6. One spare copy KN HIGH COURT TMR,J DATED :09/07/2025 ORDER CRLP.No.6663 of 2025 ALLOWED _ ^.I-ie.- -- .I. ` \f,f.<