IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7866 OF 2025 / STi. •xX. y. y. X' X' i.- \ Between: Athyala James, S/o. Samyul,(A2) Aged 26 years, Occ unemployed, R/o. D.No.24, lyyavu, Street, Jaffar Khan Peta, Ashok Nagar, Chennai-83 Tamilnadu State. r- ...Petitioner/Accused Nos.A2 AND The State of Andhra Pradesh, rep. .by its Public Prosecutor, High Court at Amaravathi, ...Respondent Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioner on bail in connection with Crime (FIR) No. 126 of 2025 of Santhapet Police Station, SPSR Nellore District pending enquiry and trial; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Shaik Meeravali, Advocate for the Petitioner and Public Prosecutor for the Respondent; i. The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 2 Dr. YLR, J CrI.P.N0.7866 of 2025 Dated 05.08.2025 the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Cr.No.126 of 2025 of Santhapet Police Station, SPSR Nellore District, registered against the petitioner/Accused No.2 herein for the offences punishable under Section 8(c) read with 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 13.06.2025 at about 11:00 hours, at the western side of Nellore Railway Station motorcycle parking area, the petitioner along with Accused Nos.1 and 3 were apprehended while they were in possession of and transporting ganja, under cover of a mahazarnama. The incident was reported at Santhapeta Police Station on the same day at about 14:00 hours. The police seized 3.00 kgs of ganja and Honda Activa scooty from the possession of the petitioner and Accused Nos.1 and 3 under cover of a mediatornama and registered FIR. During the investigation, the accused was apprehended and remanded on 14.06.2025. an 3. Mr. Shaik Meeravali, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of 3 Dr. YLR, J CrI.P.N0.7866 of 2025 Dated 05.08.2025 the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing. it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner/Accused No.2 was found in possession of 1.00 kg of ganja. There are altogether three accused. The Investigating Officer found 1.00 kg of ganja in the possession of each of the accused. The petitioner was arrested on 14.06.2025 and he has been in judicial custody for the past 52 days. 7. Considering the period of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 52 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played in this case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: 4 Dr. YLR, j CrI.P.N0.7866 of 2025 Dated 05.08.2025 i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Special Mobile Judicial Magistrate of First Class, Nellore, SPSR Nellore District, ii. The petitioner/Accused No.2 shall appear before the Station House Officer, Santhapet Police Station, SPSR Nellore 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 petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and 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. 5 Dr. YLR, J Crl.P.No.7866 of2025 Dated 05.08.2025 vii. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. SD/- P.VINOD KUMAR ' TRAR assistant ^ //TRUE COPY// SECTION OFFICER For To, Judicial Magistrate of Class, Nellore, SPSR 1. The Special Mobile Nellore District. 2 The Superintendent, Central Prison, Nellore, SPSR Nellore. 3. The Station House Officer, Santhapet Police Station, SPSR Nellore District. 4. One CC to Sri. Shaik Meeravali, Advocate [OPUC] Public Prosecutor, High Court of AP [OUT] 5. Two CCS to 6. One spare copy MM HIGH COURT Dr.YLR,J DATED:05/08/2025 ORDER CRLP.No.7866 of 2025 ALLOWED / //