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2025 DAILYLAW 4156 (AP)

RAJESH THADATHIL KRISHNAN @ RAJESH TK v. THE STATE OF ANDHRA PRADESH

CRLP/608/2025 · 2025-01-24

K Suresh Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT[ fl?1i^€* FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY I+iSt TWO THOUSAND AND TWENTY FIVE / :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIIVIINAL PETITION NO: 608 OF 2025 _,-- E=E= Between : Rajesh Thadathil Krishnan @ Rajesh TK, S/o Krishnan, AI47, Kombodinjal Village, Panikakudy Post, ldukki District, Kerala State, Aadhar 2628 4688 0976. Petitioner/Accused-1 AND The State ofAndhra Pradesh, Rep. by SHO, Kirlampudi Police Station, East Godavari District, through Public Prosecutor, High Court ofAndhra Pradesh, Amaravati. Respondent/Complal-nant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail in connection with Crime No. 182 /2024 on the file of Kirlampudi Police Station, East Godavari District, pending enquiry and trial in connection with the said crime COUNSEL FOR THE PETITIONER : MS. KOTHA VEERA NAGA PALLAVI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT IVIADE THE FOLLOWING ORDER APHCO10O28392025 lN THE HIGH COURT OF ANDHRA I/ E riI# PRADESH AT AMARAVATl (Special Original Jurisdiction) [3239] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 608/2025 Between : 1.RAJESH THADATHIL KRISHNAN @ RAJESH TK, S/O KRISHNAN, A/47, KOMBODINJAL VILLAGE, PANIKAKUDY POST, lDUKKI DISTRICT, KERALA STATE, AADHAR 2628 4688 0976. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by SHO, Kirlampudi Police Station, East Godavari District, through Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KOTHA VEERA NAGA PALLAVI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following order :- A.1 in Crime No.182 of 2024 of Kirlampurdi Police Stat'lon filed the present application under Section 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking his release on bail. The said crime was registered for the offence under Section. 8(c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of prosecution is that on 29.08.2024 at about 4.OO p.m., the Sub-Inspector of police, Kirlampudi Police Station 5i=-- apprehended A.2 to A.4 while they were transporting 84.66 kgs of Ganja packed in 43 packets by transporting on a tanker lorry bearing No.KA 01 A AM 3279. After seeing the poli'ce, the petitioner/A.1 absconded from the scene of offence. After conducting panchanama, the s.I of police seized the contraband and arrested A.2 to A.4, who were remanded to judicial custody thereafter. Subsequently, the petitioner/A.1 was arrested on 02.09.2024, Eversince he is in judicial custody. 3. Learned counsel for the petitioner contends that nO contraband was seized from the possession of the petitioner and he came to be implicated only on the confession made by A.2 to A.4. She further contended that A.2 and A.4 were granted bail by this Court vide order, dated 28.12.2024 passed in Crl.P.No.8831 of 2024. As the case of the petitioner also stands on the same footing of A.2 and A.4, who were granted bail by th'ls court, learned counsel for the petitioner requests this court to enlarge the petitioner on bail. 4. On the other hand, learned Assistant Public Prosecutor has not disputed the factum of granting bail to A.2 and A.4 by this Court. 5. ThisCourtperused the material on record. 6. ln view of the above facts and Circumstances, this Court is inclined to grant bail to the petitioner/A.1, with certain conditions : - i. The petitioner herein shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two (02) sureties for a like sum each tO the satisfaction of the learned Judicial Magistrate of First Class, Prathipadu; ii. On release, the petitioner/A.1 shall appear before the Station r® House Officer concerned, once in a week i.e., every Saturday between 10.00 a.m. to 01.00 p.m., till filing of the charge sheet; iii. Further, the petitioner is directed to co-operate with the investigation and also the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. 7. Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/-B.PRASAD RAG I ASSISTANli REGISTRAR --.. //TRUE COPY// OFFICER For/ To, 1. The Judicial F'lrst- class Magistrate, Prathipadu 2. The Superintendent, Central Jail, RajamahendraVaram 3. The Station House officer, Kirlampudi Police Station, East Godavari District 4. One CC to MS. KOTHA VEERA NAGA PALLAVI Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy I/ HIGH COURT KSR,J DATED :24/01 /2025 BAIL ORDER CRLP.No.608 of 2025 ALLOWED I \ t`£%G\j«tt 1«E5 c¥j m!.: