lN THE HIGH COURT OF ANDHRA PRADESH AT MONDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6779 OF 2025 Between: . Muhammed Siyad Mancheri Kurinkal, S/o AIavi, Age 21 years, R/o Nilambur V'lIIage Vandur P S, Porur Post, Malappuram District, Kerala. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh-, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amarava{'hi'|: `` ...Respondent petition under section 437I'i&-439 of Cr.P.C & New Section 480 & 483 of BNSS, 2023, is filed praying that in`the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused''No.1 on bail in connection with Crime No. 205/2019 dated: 09.10.2019 Under Sections 20 (b) (ii) (B) r/w 8(C) NDPS Act, on the file of parvada police station, visakhapatnam city District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support the+eof and upon hearing the arguments of sri K.K.Komalan, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION N 6779/2025 ORDER: The Criminal Petition has been fI-led under Sections 480 and 483 of the Bharatiya Nagarjk Suraksha Sanhita, 2023 (for brevity fthe BNSSJ), seeking to ' |\ enlarge the petI-tI-Oner/Accused No.1 on bail in cr.No.205 of 2019 of Parwada police Station, visakhapatnam city District, registered against the PetitI'Oner/Accused No.1 herein-for the offence punl'shable under section 22(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic substances Act,1985 (for brevity fthe NDPS Act'). 2. Material averments stemming from the prosecution are that on 09.10.2019 at around 1800 hours, at Lankelapalem Junction, parawada MandaI, Sri I.Gopi, Sub-Inspector of police, parawada police Station, apprehended two accused Persons While they were in possession of narcotic substances. The accused were identified as Accused No.1/Muhammad siyad Mancherikurikkal, s/o AIavi, aged 21 years, resident of Nulambur village, Vandur P.S., Porur Post, Malappuram Dl'strict, Kerala State, and Accused No.2/Praveen Das, S/o Sahaydas, aged 26 years, resident-of Kunnathukal Village, EIluvile Post, Kaithottukonum, Thiruvananthapuram District, Kerala state. Both accused were found illegally transporting 12 kilograms of GanJ'a, Packed in 6 separate packets, on a Bajaj Pulsar motorcycle bearing registration numberAP 31 TP 4973. r=zf- 3. Heard learned counsel for the Petitioner and the learned Assistant!{i public prosecutor. Perused the record. 4. Sri K.K.Komalan, the learned counsel for the Petitioner Submits thatthe petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner;- pet'l{iOner 'WOuld abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per confra, Ms. Mr.Neelotphal Ganji, the learned Assistant Public prosecutor, opposed in granting of bail stating that if the petitioner is enlarged on bail, he would not be available for the trial again and he WOuld escape from the clutches of law; and it is urged to dismiss the ba]l[ petit-Ion. 6. Pursuant to issu'lng NBW against Accused No.1/Petitioner on o1.ll.2023, the Petitioner was arrested on 23.04.2025 and he vi,'as produced before the learned Trial Court. Ever since he has been in the judicial Custody. In this case, the Accused No.2 is at large. The learned Counsel for the petit'loner submits that the marriage of the petit'loner 'ls fixed and he needs to get ma`rr-led. As seen from the record, On 09.10.2019, the Petit'loner was or'lginally arrested and later he was enlarged on bail. lt 'ls contended that after the case was made over to the learned xI Additional. District Judge, Anakapalli, where without issuing summons On the Pet-ltioner as the Case Was coming for first time in the inquiry/trial, stra'lght away` NBW was issued. The petit-loner was arrested at his house -ln Kerala. That shows that the Petitioner has got a fixed abode. If one m.ore.i_opportunity 'lS given tO the Petitioner for ~ .I i,,It appearing before the court, ends of justice would be served, as the pet[-t['oner has got fl.xed abode in NI-lambur Village, vandur police limI-{S Of Porur Post, Malappuram District, Kerala. 7. Keeping in view of the period of detention undergone by the petI'tI'Oner in judicI'al Custody during the trial for more than 88 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played l'n the case, thI-S Court is inclined to enlarge the petitioner on ba" with the following stringent conditions.- i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned xI AdditI-Onal Metropolitan Magistrate, Anakapalli. ii. The petl'tI-Oner/Accused No.1 shall.not commit or indulge in commission Of any offence in future. iii. The petitioner/Accused No.1 shall cooperate with the learned Special Judge I'n trial of the case and shall make himself available for trI|al aS and When required. iv. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted wI'th the facts of the case so as to dissuade him/her from dI|SCIOSing Such facts tO the COurf or to any police officer. cZ353gr` a v.% The petitioner shall surrender his passport, if any, tO th-e investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect tO the Investigating Officer. vi. The Petit'loner shall appear before the learned Trial Court on each and every adjournment.without fail. Failure to attend any of the adjournments, the learned Trial Court is at liberty to secure his presence by invoking any' methods contemplated under fthe BNSS'. 8. Accordingly, the Criminal Petlltion is allowed. SD/ac K.SR[NiVASA RAJU ASSISTANT SEC"ON OFFICE:R To, 1. The XI Additional District Judge, Anakapalli. 2. The XI Additional Metropolitan Magistrate, Anakapalli. 3. The Superintendent, Cent'r-al Prison, Visakhapatnam District. 4. The Station House Officer,I Parwada Police Station, Visakhapatnam. 5. One CC to Sri K.K.KOMALAN, Advocate [OPUC] 6. Two cos toPUBLIC' PROSECUTOR, High Court of A.P., Amaravati.[OUT] ,.>i-`j' :a, I 7. One spare copy. PSD HIGH COURT DR.YLR,J DATED:21/07/2025 BAIL ORDER CRLP.No.6779 of 2025 - ALLOWED