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2025 DAILYLAW 26917 (AP)

A.A. SUBHEER v. The State of Andhra Pradesh

CRLP/7805/2025 · 2025-07-31

Y Lakshmana Rao

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

JJt. -\. lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE .|PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMAI CRIMINAL PETITION NO.- 7805 OF 2025 Between : A.A. Subheer, A.A. Subheer, s/o AbduI Aziz, aged about 50 years, R/o. AmbaI Kulath House, Marampilly village, MudikaI Post, Perumbavoor Taluka, Ernakulam DI'StriCt, State of Kerala. PetitI-Oner/Accused no.2 AND The State ofA.P. Rep. by the public Prosecutor, High Court ofA.P., Amaravathi. Respondent/Responclent/complainant petition under sections 439 of Cr.P.C. and See. 483(1) of BNSS, praying that in the circumstances stated in the affidavit filed in support of the crl-minaI PetI-lion, the High Court may be pleased to modify the order dt. 16.07.2025 passed by the I Additional District & sessions Judge -Special Judge for Trial of Offences under NDPS Act: Visakhapatnam in crI.M.P.No. 2156 of 2025 in Cr. No. 218/2024 on the file of the v. Madugu[a by considering the situation of the petitI-Oner/Accused No. 2 as "petitioner/Accused No. 2 to be released on ba" on executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only) with single surety for a like sum to the satisfaction of Hon'ble Judicial Magistrate of First-Class V. Madugula" instead of "petitI'Oner/Accused No. 2 to be released on ba" on execute a personal bond for Rs.3,00,000/- (Rupees Three Lakhs Rupees only) with two sureties for a like sum each to the satisfaction of Hon'ble Judicial Magistrate of First-class V. Madugula" and permit the petitioner/Accused No. 2 to / deposit the surety bond amount of Rs.20,000/- with single surety instead of Rs.3,00,000/-with two suretI-eS. The petition coming on for hearl'ng, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri DASARI RAMAKOTESWAR RAO, Advocate for the petitl-oner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; The Court made the following: ORDER: The Criminal Petition has been filed under Sections 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevI-ty fthe BNSSj), seeking to modify the order dated 16.07.2025 passed by the learned I Additional District and Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam I'n CrI.M.P.No.2156 of 2025 in Cr.No.218 of 2024 on the file of the V.Madugula police station. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. perused the record. 3. In view of the facts and cI-rCumStanCeS narrated by the learned counsel for the petitioner, the order dated 16.07.2025 in CrI.M.P.No.2156 of 2025 in Crime No.218 of 2024 of V.Madugula Police StatI'On at Para No.8 is modified. The petitioner shall be released on executl-on of a personal bond for a sum Rs.75,000/- (Rupees Seventy Five Thousand Only), with two sureties for the II-ke Sum each, tO the Satisfaction Of the learned Judicial Magistrate of First Class, V.Madugula. The rest of the conditions imposed by the learned I Additional District and sessions Judge, Visakhapatnam, shall be complied with without any exception. 4. Accordingly, the Criminal Petition is allowed.. SD/-K.J.RAJA BABU ASSISTANT TRAR To, 1. The I AdditI-OnaI District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act: Visakhapatnam 2. The Judicial Magistrate of First-class V..Madugula. 3. The Superintendent, central Jail, Visakhapatnam 4. The Station House Officer, V.Madugula Police Station, Visakhapatnam 5. One CC to SRI. DASARI RAMAKOTESWAR RAO Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy KJ HIGH COURT DR.YLRJ DATED:01/08/2025 BAIL ORDER CRLP.No.7805 of 2025 ALLOWED _\_ a |