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2025 DAILYLAW 30110 (AP)

Thonda Muni Sekhar v. The State of Andhra Pradesh

CRLP/8721/2025 · 2025-08-31

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMA MONDAY, THE F!RST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE !!tiI :PRESENT.' t| HONOURABLE DR JUSTICE Y. LAKSHMANA E CRIMINAL PETITION NO: 8721 OF 2025 Between : --T=rfeirut 1. Thonda MunI| Sekhar, s/o. Adi Seshaiah, Aged 22 yea`r+tS Ramachandra puram sathyavedu MandaI Tirupathi District Andhra Pradesh 2. Maddu Rajesh, s/o. Munaswamv Aged 38 years W/o. BC Colony; Gradagunta village, Tada TirupatI' District (chittoor Dl-strl-ct)Andhra Pradesh. 3, Shodavaram Jyothish Kumar @ Kaka, S/o. late Chandraiah, Aged 23 years Wo. Appalyapalem Village. Sathyavedu Mandal TirupatI| DistrI'Ct (Chittoor District) Andhra P+adesh 4. Nithyanandam chandran @-Nithya, Aged 26 years H-No. 3/104, Anna Street, MGR Nagar Kadaslangal village, PedappI- Town, KanchI'Puram Taluka and District, Chennai ' , I ...Petitioners/Accused No.1, 4, 5 & 6 AND The State of Andhra Pradesh, Rep~. By its Public Prosecutor, High Court of AP., AmaravatI|, Through statiori House Officer, Sullurpet Poll-Ce Station. Tirupati District (Chittoor District). Andhra Pradesh. ...Respondent/complajnant Petition under section 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that in the cI'r€riinStanCeS Stated in the memorandum of grounds fI'Ied in support of the criminal petition, the High Court may be pleased to enlarge the petitioners/ Accused Nos. 1,4, 5 and 6 on Regular Ba" in connectI-On With Crime No.144v/2025 on the file of SuIIurpet. Police Station, dated 27.06-2025. ./ counsel for the petitiom®+rs : sri vajja chethan Kumar Reddy Counsel for the Responc#6Fi€ : Ms.P.Akila Naidu, Assistant Public Prosecutor. The Court made the following €}RDER: APHCO10433182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT T[lE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO cRIMl-NAL PET'ITION NO: 8721 OF 2025 [3521] Between : 1.THONDA MUN' SEKHAR, S/O. ADI SESHAIAH, AGED 22 YEAR S R/O. RAMACHANDRA PURAM SATHYAVEDU MANDAL TIRUPATHI DISTRICT ANDHRA 'PRADESH 2-.MADDU RAJESH, S/O. MUNASWAMV AGED. 38 YEARS W/O. BC COLONY, GRADAGUNTA VILLAGE, TADA T[RUPAT[ DISTRICT (CHITTOOR DISTRICT)ANDHRA PRADESH. 3.SHODAVARAM JYOTHISH KUMAR @ KAKA, S/O. LATE CHANDRAIAH, AGED 23 YEARS WO. APPALYAPALEM VILLAGE. SATHYAVEDU MANDAL TIRUPATI DISTRICT (CHITTOOR bISTRICT) ANDHRA PRADESH 4.NITHYANANDAM CHANDRAN @ NITHVA, AGED 26 YEARS H-NO. 3/104, ANNA STREET, MGR NAGAR KADASANGAL VILLAGE, PEDAPPI TOWN, KANCHIPURAM TALUKA AND DISTRICT, CHENNA ."PETITIONER/ACCUSED(S) AND 1.THE STATE C)F ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court ofAP., Amarava{i, Through Station House Officer, Sullurpet Police Stat'lon. Tirupati District (Chittoor District). Andhra Pradesh. .HRESPONDENT/COMPLAINANT \t.. |t '\ Counsel for the Petitioner/accused(s): 1.VAJJA CHETHAN KUMAR REDDY Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition has been filed under SectI|OnS 437 and 439 of the Code of Criml-naI Procedure,1973 (for brevity fthe 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 No.1, 4, 5 and 6 on bail in Crime No.144 of 2025 of Sullurpet Town Police Station, registered against the Petitioners/Accused No.1, 4, 5 and 6 herein for the offences punishable under Sections 8(c) read with 20 (b)(ii)(B)(ii)(c) of the Narcotic Drugs.and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act'). 2. The case of the prosecutI-On iS that On 27.06.2025 at about 07.30 hrs, the Accused made the ganja into small packets and selling the same a{ their surrounding areas and at Railway Station to Hindi people. Accused 1, 2 and 8 boarded train on 20.06.2025 at SuIIurpet and went to Muniguda and made a phone call to Accused No.10 asked him 20 Kgs of Ganja. Then the Accused No.10 came to Accused No.1, 2 and 8 and gave 20 Kgs of ganja packets and ly took Rs, 60,000/-, later Accused kept the ganja in two bags and returned to SuIIurpet on 21.06,2025. Subsequently, the Accused dumped the 20 Kgs of ganja packets in bushes, opposite to Bhara{ Petrol Bunk, near abandoned shec!, Mannarpolour and left the place. Then the Accused went to ganja hidden place and checked the same and informed {o Accused No.6 to 9 to collect the ganja and waiting for them, meanwhile the Police captured them and seized the ganja weighing 20Kgs with different packets, apprehended them and registered the above crime. I 3. Sri Vajja Chethan Kumar Reddy, the learned counsel for the Petitioners submits that the Petitioners have not committed any offence; they were falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the Petitioners on bail. 4. Per confra, Ms.P.Akila Naidu, the learned Assistant Public prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the Petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and it is urged to dis'miss the bail application. 5. Heard leaned counsel for the Petitioners and learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the Petitioners is that the petitioners/ Accused 1, 4, 5 and 6 had allegedly indulged in dealing w-lth 20 Kgs of ganja, which -ls not a commercial quantity, The Petitioners/ Accused 1, 4, 5 and 6 were arrested on 27.06.2025. The Petitioners have been in judicial custody for the past 64 days. The Petitioner No.1/ Accused No.1 is the {[`\ \rf`| \_-_ \| feL \|S^ Dr I:rs resident of Ramachandrapuram Village, Sathyavedu Mandal, Tirupati District. The Petitioner No.2/ Accused No.4 is the resident of Gradagunta Village, Tada Mandal, TI'ruPati District. Petitioner No.3/ Accused No.5 is the resident of Appaiyapalem Village, Sathyavedu Mandal, Tirupa{i District and Petitioner No.4/ Accused No.6 is the resident of M.G.R,Nagar, Kadasangal Village, Pedappi Town, Kanchipuram Taluk and District, Chennai respectively. Material portion of investigation is completed. prime witnesses are examined. Chances of Petitioners threatening the witnesses or hampering the investigation or tampering the evidence would not arise. 7. Keeping into consideration the nature and gravity of allegations leveled against the Petitioners, their alleged role played in this case and the period of detention undergone by them in the judicial custody, this court is inclined to enlarge the Petitioners on bail with certain stringent conditions. 8. ln the result, the Criminal Petition is allowed with the following conditions: (i) The Petitioners/ Accused 1, 4, 5 and 6 shall be enlarged on bail subject to their executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), each with'two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First class, SuI!urpet, NeI!ore District. I..\\`RE'+\\.\'=.\..i..=*\?i.S| +` (iii). The Petitioners/ Accused 1, 4, 5 and 6 shall not leave the limits of the District without prior permission from the learned Trial Judge. (iv). The Petitioners/ Accused 1, 4, 5 and 6 shall not commit or indulge in similar offences in future. (v). The Petitioners/ Accused 1, 4, 5 and 6 shall co-operate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by them/him. SD/-K.SR[N]VASA. RAJU //TRUE COPY//I ASsS:ScTT::#/R:EF:[l:TEE:AR To, 1. The Additional Judicial Magistrate of First Class, SuIIurpet, Nellore District. 2. The Superintendent, Central Prison, Nellore, SPSR NeIIore District. 3. The Station House Officer, Sujlurpet Police Station. Tirupati District. 4. One CC to Sri Vajja Chethan Kumar Reddy, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 6. One spare copy CVSS \ HIGH COURT Dr.YLR,J DATED :01 /09/2025 BAIL ORDER CRLP.No.8721 of 2025 ALLOWED