\\ I \ `t>\ r- /, IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR Br1 TUESDAY, THE TWENTY FIRST DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY `:`:--1 CRIMINAL PETITION NO.I 8103 OF 2024 Betwee n : == vjvek J, M/o Shashikala, Aged 23 years, Kutangeradka, Koipady, Kasaragod, Kumbla, Kerala-671321. ...Petitioner/Accused No.1 AND The State of Andhra pradesh, rep by its Public prosecutor, High Court of Andhra pradesh at Amaravati, Through its s.H.O., Government Railways Police station, visakhapatnam. ...Respondent/compfainant petition under sectl'on 439(1) of Cr.P.C & Section 483 (1) of BNSS, praying that in the circumstances stated jn the memorandum of grounds filed in support of the crl'minal petitl'on, the High Court may be pleased to relax the condition jn para No. 10 on executI-On Of Self-bond for Rs.50,000/- to Rs.10,000/-each with two sureties order made in crl.M.P.No.2244 /2024 on the file of the court of the Metropolitan sessI'OnS Judge -Gum- I Addl. DI'StriCt and sessions Judge Gum-special Judge for Trial of Offences under NDPS Act at visakhapatnam, dated 16-10-2024 The petI-lion coming on for hearl'ng, upon perusl-ng the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI PANGI RAJU BABU Advocate for the petitioner, and of' PUBLIC PROSECUTOR, for the Respondent,I [3327] TUESDAY, THE -TwENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY quNAL PETITION NO.81_a±QE2g24 Between : V'lvek J The State of AP Rep. by 'ItS PP ...PETITIONER/ACCUSED AND H.RESPONDENT/COMPLAINANT counsel for the petitioner/accused: 1. PANGI RAJU BABU counsel for the Respondent/COmP]ainant.I 1. PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been flled Seeking tO modify the condition imposed in the order dated 16.10.2024 passed ®ln crl.MP No.2244 of 2024 by the learned I Additional D-IStriCt and Sessions Judge-Gum-Special Judge for trial Of offences under the NDPS Act, Visakhapatnam (in Crime No.304 `1`- `` ``p 2 r/ of 2024 of Government Railway Police Statl'on, Visakhapatnam) by reducing surety amount from Rs.50,000/-to Rs.10,000/-, 2. The petitioner herein/Al filed Crl.MP No.2244 of2024 on the file of the learned I Additional District and Sessions Judge- cum-Special Judge for trial of offences under the NDPS Act, Visakhapatnam for grant of bail in Cririle No.304 of 2024 of Government Railway Police Station, Visakhapatnam, for the offence punishable under section 20(b)(ii)(B) read with 8(c) of the NDPS Act. The learned Sessions Judge, by an Order dated 16,10.2024, allowed the said application, which reads aS follows. llln the result, the petition is allowed. The petitioner/Al shall be released on bail On execution of self bond for Rs.50,000/- with two sureties for like sum each to the satisfaction Of the learned vl Additional Judicial Magistrate Of First Class, Visakhapatnam. On release, the petitioner/Al shall appear before the Station House Officer, Government Railway Police Station, Visakhapatnam, twice in a month i.e., On every lst day and 15th day of the month in between 10.00 am and ll.00 am for a Period Of one year. The petitioner/Al shall not leave Koipady, Kasaragod, Kumbla, Kerala State without prior permission of the court and he shall make available his location through his mobile 3. Questioning the condition imposed by the learned Sessions Judge to the extent of directing the petitioner herein to execute self bonds for Rs.50,000/-with two sureties for like sum each, he filed the present Criminal Petition seeking modIIfication of the said condition-. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge is onerous one and though the order was passed on 16.10.2024, the petitioner could not be released for the reason that he could not mobilize the funds to the tune of Rs.50,000/-, as he is a coolie. Hence, he seeks to modify the condition imposed by the learned Sessions Judge for release of the petitioner/A1. 6. ln view of the aforesaid facts and circumstances, this Court is inclihed to modify the condit'lon imposed by the Court below. Accordingly, the condition imposed by the learned I Addl-tional District and Sessions Judge-cum-Special Judge for trial of offences under' the NDPS Act, Visakhapatnam, in the \---se3--- I 4 ~/ order in CrI.MP No.2244 of 2024, dated 16.10.2024, is modified as follows. The petitl'oner/Al shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the .like sum each to the Satisfaction Of the learned VI Additional Judicl'aI Magistrate of First class, Visakhapatnam. lt is made clear that rest of the conditions aS imposed by the learned Sessions Judge in the order in CrI.MP No.2244 of 2024, dated 16.10.2024, shall remain unaltered. 7. Accordingly, the Criminal Petitl-on I'S allowed. 8. As a sequel thereto, the miscellaneous applications, pending if any, shall stand closed. sD/-P.VINOb KUMAR To, //TRUE COPY// I A SsS:ScTT:Z:i): IIcS : BRA R --~ \| \ 1. The MetropoII'tan Sessions Judge -Gum-I AddI. District and sessions Judge Gum-special Judge for Tn'al of Offences under NDPS Act at VI'Sakhapatnam, visakhapatnam Dl-strl'ct \ -I 2. The VI Additl-onaI Judl-cial Magl'strate of Fl-rst class, vlsakhapatnam, _ _ __I_ _I. .-. . I -|\+t| |\+I VIsakhapatnam District 3. The Superintendent, central prI'SOn, VIsakhapatnam, visakhapatnam District 4. The StatI'On House officer, Government Ral'lway police station, Vjsakhapatnam, vl'sakhapatnam District 5. One CC to sRl. PANGI RAJU BABU Advocate [opuc] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra pradesh [OUT] psR7- One spare copy I HIGH COURT SRK,J DATED.l21/01/2025 BAIL ORDER CRLP.No.8103 of 2O24 ALLOWED I., ir 2 2 lELN 1\\5