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2025 DAILYLAW 35584 (AP)

ASHRAF K v. THE STATE OF ANDHRA PRADESH

CRLP/9148/2024 · 2025-01-29

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I+ WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RED CRIIVllNAL PETITION NO: 9148 OF 2024 Between.- Ashraf.K, S/o. Kadhar, aged about 49 years, R/o. PulkuI House, Meethale Peedika Dharmadom, Kannur, Kerala State. =l, .\`ff'=:`` . . .Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its public Prosecutor, High Court of Andhra Pradesh. ...Respondent petition under sectI'On 439(1)(b) of Cr.P.C and Section 483(1)(b) of BNSS, 2023 is fl'led praying that in the circumstances stated in memorandum of grounds of criminal petition, the Hl-gh Court may be pleased to modify the order ^passed by the Metropoll-tan sessions Judge-Gum-I Addl. District & sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in crl.M.P.No.2780/2024 in Cr.No.363/2023 dated -ll.ll.2024 as flpetitioner/A3 to be released on bail on executinga self bond for Rs.10,000/- (Rupees Ten Thousand only) wl-th two suretiesI' instead of 'lpetitioner/A3 to be released on baI'I on executing a self bond for Rs.3,00,000/- (Rupees Three Lakhs only) with two sureties and permI't the Petitioner/Accused No.3 to deposit the surety bond amount of Rs.10,000/-with two sureties instead of Rs.3,00,000/-with two sureties; The petition coming on for hearing, upon perusing the petition and memorandum of grounds and upon hearing the arguments of sri GollapaIII' Maheswara Rao, Advocate for the petI-tl'Oner and Public Prosecutor for the Respondent; THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO.9148 OF 2024 ORDER:- The Criminal Petition, under Sections 483(1)(b) of the BNSS, is filed on behalf of the petitioner to modify the order dated ll.ll.2024 in Crl.M.P.No.2780 of 2024 passed by the learned I Additional District & Sessions Judge-Gum-Special Judge for Trial of offences under NDPS Act, Visakhapatnam. 2. Heard and perused the record. 3. The petitioner herein filed a petition for grant of regular bail in Crime No.363 of 2023 of Kasimkota Police Station. By an order, dated ll.ll.2024, the learned I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam allowed the said petition by imposing certa'ln conditions. Aggrieved by the said conditions imposed by the learned Sessions Judge, the petitioner herein filed the present Criminal Petition to modify the conditions imposed at the time of granting bail. 4. ]t is submitted that despite grant of bail on ll.ll.2024 by the learned Sessions Judge, Visakhapatnam, petitl-oner could not furnish sureties for Rs.3,00,000/-with two sureties to the satisfaction of the learned XII Additional Metropolitan Magistrate, Anakapalli. He 2 I, further contends that the petitioner belongs to poor family and eking out hl's II'Velihood by doing cooli work and due to the said reasons, the petitioner is unable to furnish the sureties for Rs.3,00,000/-. In the said facts of the case, petitioner requests to consider his case on humanitarian grounds. 5. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to modify the condition imposed in Crl.M.P.No.2780 of 2024. 6. In the result, the Crl-ml-naI Petition is allowed and the Petitioner herein shall be released on bail on his execution of Personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for the like sum each to the satisfaction of the learned XII Additional Metropolitan Magistrate, Anakapalli. lt is hereby made clear that the other condl-lions imposed by the court below shall remal'n same. Miscellaneous applications, pending if any, shall stand closed. //TRUE COPY// For SECTION OFFICER J9 To, 1. The Metropolitan sessions Judge-Gum-I AddI. District & sessions Judge -Special Judge for Trl'al of Offences under NDPS Act, Visakhapatnam 2. The XII Addl Metropolitan Magistrate, AnakapalI,-, now Anakapalli District. 3. The Superintendent, central Jail, Visakhapatnam. 4. The Station House Officer, Kasimkota police Station 5. One CC to SrI'. Gollapalli Maheswara Rao, Advocate [opuc] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy J, Ill HIGH COURT SRK,J DATED:29/01/2025 ORDER CRLP.No.9148 of 2024 ALLOWED