//-, u/ [3327] IN THE HIGH COURTJ'oF ANDHRA PRADESH AT AIVIARAVATl THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDD CRIMINAL PETITION NO: 9803 OF 2024 Between l' 1. Manoj Kumar Parida, S/o.Krishna Chandra parida, Aged 27 years, Driver, R/o.Gholahandi village, Daspallah Block, Nayagad District, Odisha State. 2. Kishore Behara, s/o.shankar Behara, Aged 34 years, paintI'ng work/option Driver, R/o.Telara Vl'llage, Daspallah Block, Nayagad District, Odisha State. Petitioner/A2 & A-3 AND The State ofA.P, Rep. By l'ts Public Prosecutor, High Court ofA.P., Amaravati, Through s.H.O, AnakapaIIi Town Police Station. Respon dent petition under sectI'On 482 r/w Section 440 (2) of Cr.P.C. (Under section 528 I/w Section 484 (2) of BNSS, 2023 praying that in the circumstances stated in the affidavit filed in support of the criml-nal petI'tiOn, the High Court may be pleased to modify the order dated: ll.07.2024 passed in CRL.M.P.No.516/2024 in Crime No.449 of 2023 ( Anakapalli Town Police station) on the file of the Metropolitan sessions Judge-Gum-I Additional District & sessions Judge- Gum-special Judge for TrI'al of Offences Under NDPS Act.I Visakhapatnam by reducing surety amount from Rs. 1,50,000/- to Rs. 10,000/- to the satisfaction of Metropolitan Sessions Judge-Gum-I Additional District & sessions Judge-Gum-special Judge for Trial of Offences Under NDPS Act: Visakhapatnam. The petitl'on coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri SRAVAN KUMAR NAIDANA, Advocate for the petitioners and of PUBLIC PROSECUTOR for the Respondent and the court made the following; [33 27] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.9803 OF 2024 Betwee n : Manoj Kumar Parida and another ...PETITIONER/ACCUSED(S) The State of AP Rep. by its PP AND ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant 1. PUBLICIPROSECUTOR The Court made the following ORDER: The Criminal Petition, under Section 528 read with 484(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed seeking to modify the condition imposed in the order dated ll,07.2024 passed in Crl.MP Noc516 of 2024 by the learned Metropolitan Sessions Judge-Gum-I Additional District and sessions Judge-cwm-Special Judge for trial of offences under I 2 f/ the NDPS Act, VIsakhapatnam (jn crime No.449 of 2023 of AnakapaIII' Town poll-Ce Station) by reducl'ng surety amount from Rs.1,50,000/-to Rs.10,000/-. 2. The petjtjoners here,'n/A2 and A3 filed crI.MP No.516 of 2024 on the file of the learned MetropoII®tan Sessions Judge- Gum-I Additl'onal Dl-strict and sessions Judge-Gum-special Judge for trial of offences under the NDPS Act, Visakhapatnam for grant of ba" in crI'me No.449 of 2023 of AnakapaIIl' Town police station, for the offence punishable under sectI'On 20(b)(ji)(c), 25 read with 8(c) of the NDPS Act. The learned sessI®OnS Judge, by an order dated ll.07.2024, allowed the sal'd application, which reads as follows. llln the result, the petition I-s allowed. The petl'tl-oners/A2 and A3 shall be released on ba" on execution of self bond for Rs.1,50,000/-(Rupees one Lakh Fifty Thousand only) each with two suretl-es each for the lI'ke sum each to the satl-sfaction of the learned xl AddI'tiOnaI Metropolitan Magistrate, Anakapalle. on release, the petitioners/A2 and A3 sha" appear before the station house officer, Anakapalle Town police station once l'n a week i.e., on every sunday I-n between 10.00 am and ll.00 am for a period of one year. The sureties must be local persons." E=-RI .`<-I -I , 3. Questioning the condition imposed by the learned Sessions Judge to the extent of directing the petitioners herein to execute self bonds for Rs.1,50,000/_ each with two Sureties for like sum each, they filed the present Criminal Petition seeking modification of the said conditl'on. 4. Heard. Perused the record. 5. Learned counsel for the petitl®oners submits that the conditl-on imposed by the learned Sessions Judge is Onerous one and though the order was passed on ll.07.2024, the petitioners could not be released for the reason that they could not mobilize the funds to the tune of Rs.1,50,000/-each, aS they are coolies. Hence, he seeks to modify the condition imposed by the learned Sessions Judge for release of the petitioners. 6. ln view of the aforesaid facts and circumstances, this Court l's inclined to modify the condition imposed by the Court below. Accordingly, the condition imposed by the learned Metropolitan Sessions Judge-Gum-I Additional District and Sessions Judge-cum-Special Judge for trial of offenCeS under the NDPS Act, Visakhapatnam, in the order in Crl.MP No.516 of 2024, dated ll.07.2024, is modified as follows. The ~. ii= .I-. petitioners/A2 and A3 shall be released on bail on their executing personal bonds for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned XI Additional Metropolitan Magistrate, AnakapaIIe. It is made clear that rest Of the condl'tions as imposed by the learned sessions Judge in the order in Crl.MP No.516 of 2024, dated ll.07.2024, shall remain unaltered. 7. Accordingly, the Criminal Petition is disposed of. 8, As a sequel thereto, the miscellaneous applications, pending if any, shall stand closed. SD/-U.SRI DEVI- ASSISTANT ISTRAR //TRUE COPY// SECTI OFFICER _,.., \ J79 FoI..--.-....------------.-` To, 1. The XI Additional Metropolitan Magistrate, Anakapalle. 2. The Metropolitan Sessions Judge-Gum_I Additional District & Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam. 3. One CC to SRI. SRAVAN KUMAR NAIDANA Advocate [OPUC] 4. Two CCs to Public Prosecutor, Hl'gh Court ofAP [OUT] 5. One spare copy KJ i i HIGH COURT SRK,J DATED..09/01/2025 BAIL ORDER CRLP.Nol98O3 of 2O24 ALLOWED I,10 ..)ASl ?n75 £+`. Jrij..`F C. fi`