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2025 DAILYLAW 23233 (AP)

Mohan Madan Kumar v. The State of AP

CRLP/6732/2025 · 2025-07-10

T Mallikarjuna Rao

body2025

Judgment text

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JN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 6732 OF 2025 Betwee n : Mohan Madan Kumar, S/o.Mohan, Aged 30 years, R/o. Kayalarmedu VIllage, Gummidipoondi Taluka, Tiruvallur District, Tamilnadu. ...Petitioner/Accused 2 AND The State of AP, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Stall-On House Officer, Chillakur Police Station, Tirupati District (Chittoor District). ...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 ,-n the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioner/ Accused No. 2 on Reaular Bail in connection with crime No.3/2025 on the file of ChiIIakur Police Station, dated: 07-01.2025. 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 VAJJA CHETHAN KUMAR REDDY Ad\rocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following ORDER: I, '''--RE*"ng ORDER: This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/A2, seeking regular bail in Cr.No.03/2025 of Chillakur Police Station, Tirupathi District. 2. The above said crime.was registered against the petitioner herein and others for the offence punishable u/Sees.20(b)(ii)(C) r/w 8(c) of the NDPS Act. 3. Case of the prosecution, in brief, is {hatJ On 07.01.2025 at about 2.00pm, on receipt of credible information with regard to illegal possession and transportation of ganja, the' Sub-Inspector of Police secured the presence of mediators and staff and rushed to Ramalayam temple Kadivedu center towards Kota road and conducted vehicle checking. They observed two vehicles i.e. one Toyota E{ios car and one Mahindra Bolero vehicle coming towards them. on seeing police, the inmates in both the vehicles stopped their vehicles and tried to escape. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of Al to A4 and police found 72 kgs of ganJ'a in their possession. Police seized the contraband and other material and got remanded the accused the judicial custody. 4. Learned counsel for the petitioner contended that the petitioner was remanded to judicial custody on 08.01.2025 and most of the investigation _ -` -`-. - ----?g? -:_-__ I is completed and 'after expiry of s{atu{ory period, police have not .filed charge sheet, as such the petitioner is entitled for statutory bail. 5. On the other hand, learned Assistant -Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. He further submitted that'no antecedents are reported against the petitioner. 6. Heard both sides. 7. Given that the petitioner has been in remand since o8.01.2025, this Court views that most of the investigation concerning the pe{i{ionerls role in the .commission of the alleged offence has likely been concluded. lt has been submitted that the petitioner has permanent residence and there is no credible apprehension of his fleeing away from justice. Additionally, since most of the witnesses are official, the release of the petitioner would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not any petition for extension of time for investigation. ln view of seizure of huge quantity of contraband, imposing stringent conditions would meet the ends ofJ'uStiCe. 8. In view of the aforesaid facts-and circumstances of the case, this Court ,is inclined to grant bail to the petitioner/A2 with the following conditions. (i) The petitioner/A2 herein shall be released on his executing a personal bond for Rs.1,00,000/-(Rupees one lakh only) with - two sureties for a like sum each {o the satisfaction of the learned Additional Judicial magistrate of First class, Gudur; (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 12.00 noon for a period of three (03) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. 9. Accordingly, the Criminal Petition is al,lowed. //TRUE COPY// For A SSssD::#: ::ATEBR:¥ ISTRAR To'1 The Statlon House Offlcer, Chlllakur Pollce Statlon, Tlrupatl DlstrlCt ¢ (chittoor District). 2. The Additional Judicial Magistrate Of First Class, Gudur, Tirupati District. 7f 3. The Superintendent, Central Prison, SPSR Nellore. 7 4. One CC to SRl. VAJJA CHETHAN KUMAR REDDY, Advocate [OPUC] z 5. Two CCs to PUBLIC PROSECUTOR, High Court Of Andhra PradeSh. , [OUT] 6. One spare COPY KN HIGH COURT TMR,J DATED:ll/07/2025 ORDER CRLP.No.6732 of 2025 ALLOWED . _\