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2025 DAILYLAW 28541 (AP)

Armugam Divagar v. The State of Andhra Pradesh

CRLP/8198/2025 · 2025-08-13

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

?-ii= E= THURSDAY, THE FOURTEENTH DAY OF AUGUST + TWO THOUSAND AND TWENTY FIVE :PRESENT: t` THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8198 OF 2025 Between : IN THE H[GH COURT OF ANDHRA PRADESH AT AMARAVAT#ha THURSr)AY THE Fr`l IDT[[hITu h^`, ^r A I I_I ,A_ 1. Armugam Divagar, s/o. Armugam, Aged about 23 Years, R/o. D.No. 15AI446, 24th Street, NSK Nagar, Arumbakam, chennai -106, TamI'I Naidu plate. Mobile-8939317626. 2.` Subashnepali R, S/d.` Ram Bahadur Nepali, Aged about 20 Years, R/o. D.No.302, 16th Street, NSK Nagar, Arumbakam, chennai -106, TamI'Inadu State. Mobile-9566823532. ...Petitioners/Accused Mos.1 & 2 AND The State of Andhra pfadesh, SHO, Gudur I Town Police Station, TI-ruPatI- District, Rep. by its public prosecutor, High Court of Andhra Pradesh, Amaravati I.lResponden€; petition under sections 480 & 483 of BNSS prayl-ng that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to grant the petitioners/A.1 and A.2 bail on such terms and conditions as deemed fit dl-rectjng their enlargement in crime No. 55 of 2025 of GuduT i Town Police Station, Tirupati distrjc{. The PetitI-On COming on for heart-ng, upon PeruSI'ng the Petjt[-on and the memorandum of grounds filed ill Support thereof and upon hearl'ng the arguments of SRI BHOOMA MAHARSH] REDDY Advocate for the petitI'OnerS, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following 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.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Crime No.55 of 2025 of Gudur I Town Police Station, Tirupati District, registered against the petitioners/Accused Nos.1 and 2 herein for the o`ffences 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 o2.07.2025, on receipt of illegal possession and transportation of ganja near an abandoned Railway quarters in Gudur, the Sub Inspector of Gudur I Town Police Station, along with his team and mediators rushed there and apprehended the petitioners herein while they were in possession of 2.2 Kgs of ganja. The police seized the said contraband under the cover of a mediatornama and registered an FIR. During the investigation, the accused were apprehended and remanded to judicial custody on 02.07.2025. 3. Mr.Bhooma Maharshi Reddy, the learned counsel for the petitioners contends that the petitioners are I-nnOCen{ Of the alleged offence and have been falsely I-mPIica{ed by the police. It js further submitted that the petitioners `------ 3 undertake to strictly adhere to any conditions that may be I'mPOSed by thI'S Court. Learned counsel further submits that the petitioners were arrested on o2.07.2025 and they have been in the judI'Cial custody for the past 43 days for allegedly indulged in 2.2 Kgs of ganja transportation and possession and it l's urged to enlarge the petitioners/Accused Nos.1 and 2 on bail. 4. Perconfra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that some more material witnesses have to be examl|ned and investigation is still pendI|ng, and it is urged to dI'SmiSS the bail application. I 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. perused the record. 6. As seen from the record, the petitioners were allegedly indulged in possession and transportation of 2.2 Kgs of ganja which is below commercial quantity. The petitioners were arrested on o2.07.2025 and they have been jn judicial custody for the past 43 days. The witnesses examined are all official witnesses. Therefore, the question of petitI'OnerS threatening the witnesses or hampering the investigation may -not arise. 7. ConsiderI-ng the natu1-e and gravity Of the Offence and the allegation levelled against the petitioners, progress of the jnvesil-gation and the period of detention undergone by the petitioners, this court is inclined to enlarge the Petitioners On bail wI-th the following stringent conditions: i. The petitioners/Accused Nos.1 and 2 shall be enlarged on bail subJ'eCt tO they executing a personal bond for a sum of `}.'l rf- Rs.10,000/-(Rupees Ten thousand only), each with two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First class, Gudur. ii. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Gudur I Town Police Station, Tirupati District on every Saturday I-n between 10:00 am and 05:00 pm, tl'll cognizance is taken by the learned the Trial Court. iii, The petitioners/Accused Nos.1 and 2 shall not leave the `Iimits of the District without prior permission from the station House OffI'Cer concerned. iv| The petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence l'n future. v. The petitioners/Accused Nos.1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investl'gating officer as and when required. vi. The petitioners/Accused Nos.1 and 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. vii. The petitioners/Accused Nos.1 and 2 shall surrender thel'r Passports, if any, tO the investigating Officer. lf they claim that 5 they do not have passports, they sha-" subm[-I an affl'davlt to that effect {o the lnves{igatI-ng Officer. 8. Accordingly, the crl-ml'naI Petjtjon l's a"owed. //TRUE COPY// For , '\ _``''~`..`-.'y.~ DEPUTY Sd/- K.TATA RAG \ \-\ _ _ To, SECTZON OFFICER 1. The I AddI-tI|OnaI Di;tr1|Ct & Sessions Judge, Nellore, spsR Nellore Djstrl|ct 2. The Addl'tional Judicial-!inagistrate of First class, Gudur. 3. The Superintendent, NeIIore central JaH Nellore, spsR NeIIore District 4. The StatI'On House officer, Gudur I Town police Station, Tl|rupati district. 5. One cc to SRL BHOOMA MAHARSHI REDDY, Advocate [opuc] 6. Two cos to PUBLIC PROSECUTOR, High court of Andhra pradesh [OUT] 7. One spare copy PSR HIGH COURT DR.YLR,J ` DATED:14/08/2025 BAIL ORDER CRLP.No.8198 of 2025 ALLOWED ¥3tyfjyffti a se i f A \ \\\\ife