[3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7931 OF 2025 Between : I Thavamani Ganesan, s/o.Ganesan, Aged about 66 years, R/o.18, Mariyama KoviI, Mill Colony, Ramjinagar (post), Tiruchirappalli District, Tamilnadu District. Petitioner/Accused No.1 AND The State of Andhra pradesh, Through stall-On House Officer, Government Railway Police Station, KavalI-, SPSR Nellore District Rep., by its Public Prosecutor, High Court at Amaravathi. Respondent/complainant petitI-On under Section 480 & 483 of BNSS is fl'led praying that in the circumstances stated in the affidavit filed in support of the criminal PetitI-On, the High Court may be pleased to release the petitioner on bail in crime No.45/2025 on the file of the Government RaI'Iway Police Station, Kavali, SPSR Nellore District in the interest of justice. The petition/Appeal comI'ng On for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of srj p NAGENDRA REDDY Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. - -.g3ar The Court made the following ORDER: A Dr.YLR, J CrI. P. No_ 7931-2025 Dt: 14.08.2025 The Criminal Pe|tI'tiOn has been filed under Sections 437 and 439 of the code of criminal procedure,1973 (for brevity lthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail in Crime No.45 of 2025 of Government Railway Police Station, Kavali, registered against the petitioner/Accused No.1 herein for the. offences 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 is that on 23.06.2025, on receipt of illegal possession and transportation of ganja near Railway track adjacent to the Railway construction Bridge, Kalugolamma Temple, Kavali Railway Station, the Inspector of Police, Government Railway Police Station along with mediators rushed there and apprehended the petitioner along with other accused while they were in possession of 15.5 Kgs of ganja in 8 packets. The police seized the ganja under the cover of a mediatornama and registered an FIR. During the investigatl'on, the accused were apprehended and remanded to judicial custody on 23.06,2025. 3. Mr,P.Nagendra Reddy, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely Dr.YLR, J . CrI.P.No.7931-2025 Dt: 14.08.2025 implicated by the police. lt is further submitted that the petitioner is permanent resident o.f Tiruchirappalli District, Tamilnadu State and undertake to strictly adhere to any conditions that may be imposed by this court. Learned counsel further submits that the petitioner was arrested on 24.06.2025 and he has been in the judicial custody for the past 52 days for allegedly indulged in 15.05 Kgs of ganja transportation and possession and it is urged to enlarge the petitI'Oner/Accused No.1 on bail. 4. Percor7fra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that some more material witnesses h'ave to be examined and investigation is still pending, and it is urged to dI'SmiSS the bail application. 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 was allegedly indulged in possession and transportation Of 15.5 Kgs of ganja which is below commercial quantity. The petitioner was arrested on 23.06.2025 and he has been in judicial custody for the past 52 days. The petitioner is permanent resident of TiruchirappaIIi District of Tamilnadu State, So far, four (4) witnesses have been examined. All the witnesses are official witnesses. Therefore, the question of petitioner threatening the witnesses or hampering the investigation may not arise. '\\ts_ firpe-S2asjZ- E= Dr.YLR, J CrI. P. No.7931-2025 Dt: 14_08.2025 7. Considering the nature and gravity of the offence and the allegation levelled against the petitioner, progress of the investigation and the period of detention undergone by the petitioner, this Court is inclined to enlarge the petitioner on baj[ 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.10]000/- (Rupees Ten thousand only), with two -sureties for the like sum each {o the satisfaction of the learned special Judicial Magist+ate of First class, Special Railway Court, Nellore. ii. ii. The petitioner/Accused No.1 shall appear before the Government Railway Police Station, Kavali 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.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.1 shall not commitor indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating offI'Cer aS and When required. I , 5 Dr.YLR, J CrI.P.No.7931-2025 Dt: 14.O8.2025 vi. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or prombise 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 pol'ICe Officer. vii. The petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. [f 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/- K.SRINIVASA RAJU ASSISTAN BEG I STF`?`AR E== //TRUE COPY// SE ION OFFICER I To, 1. The Judicial Magistrate of First Class Special Railway Court, Nellore. 2. The Superintendent, District Jail, Nellore. 3. The Station House Officer, Government Railway Police Station, Kavali, SPSR Nellore District 4. One CC to SRI. P NAGENDRA REDDY Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy HIGH COURT DR.YLR,J \ DATED:14/08/2025 BAIL ORDER CRLP.No.7931 of 2025 ALLOWED