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2025 DAILYLAW 23440 (AP)

Marri Jeevan alias Jeevan Kumar v. The State of Andhra Pradesh

CRLP/6856/2025 · 2025-07-10

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3369] lN 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 R CRIMINAL PETl"ON NO: 6856 OF 2025 Betwee n : AND J Marri Jeevan @ Jeevan Kumar, S/o. Raju, aged about 24 years, R/o. Varthanapalli Village, Thammangula Post, Chintapalli MandaI, AIluri Si{harama Raju District. Petitioner/Accused No.1 The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 480&'`&,483 of BNSS and 437 & 439 of Cr.P.C is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.81/2024 of Chintapa[[i P.S., Alluri Sitharama F{aju District. The petition/Appeal coming-,on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHCO10331022025 Elf: E E:EEt IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6856 OF 2025 [3369] Between: 1.MARR' JEEVAN ALIAS JEEVAN KUMAR, S/O. RAJU, AGED ABOUT 24 YEARS, R/O. VARTHANAPALLI VILLAGE, THAMMANGULA POST, CHINTAPALLI MANDAL, ALLURI SITHARAMA RAJU DISTRICT. M.PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh, H.RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.Plc and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioner/Accused No|1 on bail pending disposal of Crime No.81/2024 of Chintapalli P.S., AIluri Sitharama Raju 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/Sec.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the petitioner/A1, seeking bail, in Crime No.81/2024 of Chinthapalli Police Station, A.S.R. District. .j^' c+ ce=x-` ib-l` \_-i---l 2 2. A case has been reg'istered against the petitioner and others for the offences punishable u/Secs. 20(b)(ii)(C), 25 r/w 8(c) of the NDPS Act. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, is that, on 01.9.2024 at about 6.30am, the Sub Inspector of ChintapaIIi police stat'IOn, On receipt Of Credible information about illegal possession and transportation of ganJ'a, Secured the presence of mediators and rushed to teak plantation, Chowdupalli village, ChintapaIIi Mandal and started conducting vehicle checking. Police observed one motorcycle coming from Cherukumpakalu towards Chintapalli and on seeing police, the rider of the motorcycle tried to escape. Then police apprehend him and also noticed one car coming towards them. On seeing police the inmates in the car and driver of the car tried to escape by stopping the car. Then police apprehended them. On interrogation, they disclosed their identity particulars and police found 415.328 kgs of ganja in their possession. Arrested the accused, seized the contraband and vehicles. 5. Perused the record. 6. Learned counsel for the petitioner contends that crime came to be registered on 01.09.2024 and basing on the confession statement of other accused, who were found to be in possession of 415,328 Kgs of GanJ'a, this petitioner was remanded to judicial custody on 29.4.2025, as such, prayed __ to allow the Criminal Petition. \~ -I-I ~r3? 3 7. Learned Assistant Public Prosecutor has not disputed the above fact and opposed to grant bail to the petitioner on the ground investigation is not completed. He further submitted that no antecedent has been reported as against the petitioner herein. 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 29.4.2025 basing on the confession statement of co-accused. Evidently, no contraband has been seized from the possession of the petitioner. Since the petitioner has been in remand from 29.4.2025, 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 ChintapaIIi Manda', 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. ln the result, the Criminal Petition is allowed with the foII`owing conditions: (i) The petitioner/Al 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 District & Sessions Judge-Gum-Special Judge for Trial of Cases under NDPS Act, Visakhapatnam; 4 (ii) On release, the'petitioner shall appear before the station House Officer concerned once in a week i.e., every sunday between 10.00am and 01.00 pm, for a period of three (03) months. (iii) the petitioner shall not tamper with the evidence and hamper the I'nVeStigatiOn and Shall cooperate for investigation. Sd/-SHAIK MOHD. RAFl To, IITETuE COPY II i c For/ ASSISTANasGISTRAR SECTION OFFICER 1. The I Addl. District & Sessi6hs Judge-Special Judges for Trial of Offences under NDPS Act, `Vis-akhapatnam. 2. The Superintendent, Central jail, Visakhapatnam. 3. The Station House Officer, Chintapalli P.S., AIluri Sitharama Raju District. 4. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 5. Two CCs to Public Prosecutblr (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy _ _ HIGH COURT TMR,J DATED: ll/07/2025 BAIL ORDER CRLP.No.6856 of 2025 ALLOWED