\\ t` . .~ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7588 OF 2025 Betwee n : Anil Stephan, S/o Stephan, aged 43 years, Joy Vilasam, Padappakkara, Mulavanna, Kundara, KoIIam District, Kerala State. Petitioner/Accused No|2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. Respondent Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to release the Petitioner / Accused No.2 on bail in connection with Crime No. 309 / 2024 dated: 19.12.2024 Under Sections 20 (b) (ii) (B) r/w 8(C) NDPS Act. on the file of Kasimkota Police Station, Anakapa[[i District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof 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 ORDER: Dr.YLR,J CRL.P_No.7588/2025 The Court made the following ORDER: The CrI|minaI Petition has been fl®led under sections 480 & 483 of `the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSSJ) and 437 & 439 of the Code of Criminal Procedure,1973 (for brevity {{he cr.p.c), seeking to enlarge the p'etI'tiOner/Accused No.2 on bail in Cr.No.309 of 2024 of Kasimkota Police Station, Anakapalli District regI'Stered against the Petitioner/Accused No.2 herein for the offence punishable under Section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act'). 2. The case of the prosecution in nutshell is that, on 19.12.2024 at about 10:00 hours at RTC 'Complex, accused No.1 was caught by the complainant that he was in possessI-On and transportation Of contraband Ganja of 4 kgs Ganja by colluding with other accused Nos.2 and 3. Hence, a case was registered. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. The learned counsel forthe petitioner submits that the petitionerhas not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petitI'On. *=? r-_3 ...----i 3 Dr.YLR,J CRL.P.No.7588/2025 5. Perconfra, Ms| P. Akila Naidu, the learned Assistant Public P'rosecutor, opposed in granting of bail stating that against the petitioner/accused No.2, there is one adverse antecedent vide cr.No.105 of 2025 of Kollam East Police Station, Kerala, wherein the petlrtiOner Was allegedly involved in possession of 1 kg of Ganja. 6. As per the confession of accused No.1, it had came to light that the accused No.2 allegedly supplied the ganja. The petitioner was arrested on 09.06.2025. The petitioner has been in the judicial custody for the past 49 days. The petl'tioner is native of Mulavanna vl'llage, Kundara Mandal, KoIIam District, Kerala State. The petitioner is permanent abode and he has got . Permanent residence. The material portion of investigation is completed. The FIR is of the year 2024. All the witnesses are official witnesses. Therefore, there may not be any chance for the petitioner either intermeddling with the investI'gatiOn Or interfering with witnesses by way of threat and stall the investigation. 7. Considering the nature and gravity of allegation levelled against the PetitI'Oner, and his alleged role in the case and the period of detention undergone by the petitI'Oner, this Court deems it fit to enlarge the pe{itl'oner on bail wI'th the following stringent conditl-ons: i. The petitioner/accused No.2 shall be enlarged on bail subject to the executing a bond for a sum of Rs.10,000/-(Rupees ten thousand'only), with two sureties each for the like sum each to I-iiH 4 Dr.YLRIJ CRLP.No.7588/2025 the -satisfaction of the learned II Additional Junior Civil Judge- Gum XII Additional Metropolitan Magistrate, Anakapalli. ii. The petitioner/accused No.2 shall appear before the Station House Offl'cer, Kasimkota Police Station, AnakapaIIi District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitI'Oner/accused No.2 shall not leave the limits of the District without prior permission from the learned lI Additional Junior Civil Judge-Gum XII Additional Metropolitan Magistrate, Ana`kapalli. iv. The petitioner/accused No.2 shall not commit or indulge in commission of any offence l'n future. v. The petitioner/accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the. investigating officer as a-nd when required. vi. The petitioner/accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vl-i. The petitioner/accused No.2 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have -- I E= zE=--_ 5 Dr_YLR,J CRL.P.No_7588/2025 a passport, he shall submit an affidavit to that effect to the Investigating Officer, 8. Accordingly, the Criminal Petition is allowed. sD/-u. SRIDEVI //TRUE COPY// ASSISTANT SECTION OFFICER :NEf?TR:A: : 1. The ll Additional Junior Civil Judge -Gum XII Additional Metropolitan Magistrate, Anakapalli. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Kasimkota Police Station, Anakapa'li District. 4. One CC to Sri. K K KOMALAN, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS To, HIGH COURT DRIYLR, J DATED : 28/07/2025 BAIL ORDER CRLP.No.7588 of 2025 ALLOWED