Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 31664 (AP)

Mohammed Shamil v. The State of Andhra Pradesh

CRLP/9183/2025 · 2025-09-14

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010462692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9183 OF 2025 Between; Mohammed Shamil, S/o Aboobacker, Aged 32 yrs, R/o Koliyarakam house, Kodathipadi, behind Ponnani Nagaram post, Malappuram, Ponnai, Kerala State. ...Petitioner/Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Amaravathi. ...Respondent/Respondent/Respondent Petition under Section 439 (1) (b) and 483 (1)(b) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to modify the order dt. 07.02.2025 passed by the 1st Additional District & Sessions Judge - Special Judge for Trial of Offences Under NDPS Act Visakhapatnam in CrI.M.P.No. 345 of 2025 in Cr.No.60 of 2023 on the file of the II Town Police Station, Visakhapatnam City by considering the situation of the Petitioner/Accused No. "Petitioner/Accused No. 3 to be released on bail on execution of personal 3 as bond for Rs. 10,000/- (Rupees Twenty five thousand only) with one surety for , like jsum each to the satisfaction of learned II Additional Chief Judicial Visakhapatnam. instead of "Petitioner/Accused No. 3 to be released on bail on execution of personal bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for like sum each to the satisfaction of learned II Additional Chief Judicial Magistrate, Visakhapatnam." and permit the Petitioner/Accused No. 3 to deposit the surety bond amount of Rs. 10,000/- with single surety instead of Rs.25,000/- with two sureties. Counsel for the Petitioner : SRI DASARI RAMAKOTESWAR RAO Counsel for the Respondent: ASSISTANT PUBLIC PROSECUTOR The Court made the following : APHC010462692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9183/2025, Between: 1. MOHAMMED SHAMIL, S/0 ABOOBACKER, AGED 32 YRS, R/0 HOUSE, KODATHIPADI BEHIND PONNANI KOLIYARAKAM NAGARAM POST, MALAPPURAM, PONNAI, KERALA STATE. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by the Public Prosecutor, High Court of A.P., Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: This criminal petition has been filed under Section 483 (1) (b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking for modification of the order dated 07-02-2025 in Criminal M.P.No. 345 of 2025 in Crime No. 60 of 2023 of II Town Police Station, Visakhapatnam City, on the file of the Court of learned I Additional District and Sessions Judge - cum - Special Judge for trial of Offences under NDPS Act, Visakhapatnam (for short, 'the trial Court'). 2. Initially, the learned trial Court, by order dated 30-06-2023 in Criminal M.P.No. 802 of 2023, enlarged the petitioner-accused No. 3 on bail subject to he executing a self bond for Rs. 1,00,000/- with two sureties for the like sum each. Later, on an application, on 07-02-2025, the learned trial Court reduced it to Rs.25,000/- with two sureties for the like sum each. The present criminal petition is filed seeking for relaxation of the condition as the petitioner is unable to comply with the condition. The petitioner is native of Kerala State. He has been in judicial custody for the past 2 years. Considering the facts and circumstances of the case, the condition 3. imposed on 07-02-2025 in Criminal Petition No. 345 of 2025 is further relaxed. The petitioner-accused No. 3 shall be released on bail on he executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with one surety for the like sum to the satisfaction of learned II Additional Chief Judicial Magistrate, Visakhapatnam. The other conditions imposed by order dated 07-02-2025 shall hold good. 3 4. The criminal petition is accordingly disposed of. SD/- T.SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional District & Sessions Judge - Special Judge for Trial of Offences Under NDPS Act Visakhapatnam The II Additional Chief Judicial Magistrate, Visakhapatnam The Station House Officer, II Town Police Station, Visakhapatnam City The Superintendent, Central Prison, Visakapatnam. One CO to SRI. DASARI RAMAKOTESWAR RAO Advocate [OPUC] Two CCs to the Public Prosecutor, High Court of A.P., Amaravati [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. SRL TAG HIGH COURT DATED:15/09/2025 ORDER CRLP NO. 9183 OF 2025 I 2 0SE^M25 i ^ Current beciion ^y/ CRL.P. IS DISPOSED OF