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2025 DAILYLAW 4158 (AP)

Thivagar v. THE STATE OF ANDHRA PRADESH

CRLP/543/2025 · 2025-02-06

K Sreenivasa Reddy

body2025

Judgment text

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/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE -.PRESENT: HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO-. 543 OF 2025 [3327] Between-. Thivagar, S/o Rajaraman Aged 23 yrs C/ Vaanniyar, House No. EWS/525, 8 Cross Steel, Hosing Board, KurumbaPet, Pondicherry,-605009, Tamil Nadu State. petitioner/Accused-1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature Of Andhra Pradesh at Amaravati Respondent/Complainant petit'lon under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) is filed Praying that in the Circumstances Stated in the afflldavit filed 'ln support of the criminal petition, the High Court may be pleased to release the petitioners on bail in on cr,No 283/2022 Bommuru poI'ICe Stat'lOn couNSEL FOR THE PETITIONER : MS. KOPPISETTI PARVATI DEVI couNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHCO10027992025 ETffiE lN THE HIGH COURT OF ANDHRA PRADESH I,r AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 543/2025 Between : Thivagar AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. KOPPISETTI PARVATI DEVl [3327] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following order: This Criminal Petition, under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking regular bail, in Crime No.283 of 2024 of BommuruPolice Station, East Godavari District. 2. A case has been registered against the petitioner herein and other two accused for the offence punishable under Section 8(c) read with 20(b)(ii)(C)of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short lthe NDPS Act'). €€a l---di, --E 3. Case of the prosecution,, in brief, is that, on 03.O8.2024, at about O4.30 pm, on credible information, the Sub-Inspector of Police, BommuruPolice Station, along with his staff and mediators, rushed tO NH-216 road, near lO' point, Diwancheruvu village, Rajanagaram Mandal, East Godavari district and found Al in possession of 443.860 Kgs of Ganja while transporting the same. The contraband was seized under cover Of a mediators report and Al was arrested. Al confessed about the involvement of other Accused Nos.2 and A3 in the present crime. 4. Heard. Perused the record. 5. A perusal of the material on record goes to show that the police, on credible information, arrested the accused on 03.08.2024and since then he is languishing in jail. Though statutory period of 180 days has been completed, the police have not filed charge sheet. 6. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner herein/Al on the following conditions. i) The petitioner/Al shall be released on bail on his executing a personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class, Rajahmundry. ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday between 10.00 am and 01.00 pm, till filing of the charge sheet. a iii) Petitioner/Al shall -not go beyond the jurisdiction of East Godavari + Distrl'ct, Andhra Pradesh state, without leave of the trial Court and he shall make avaI|Iable his location through mobile phone by pairing it with the mobile phone of the lnvestl'gating offI'Cer round the clock. 7. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-B.CHITTI JOSEPH ASSISTANT REGISTRAR s E C T i a ife^#difef5lEr-~~ `\. To, For 1. The VI Additional Judicial Magistrate of Fl'rst class, Rajahmundry. 2. The Superintendent, central Jail, Rajahmundry. 3. The Station House offI'Cer, Bommuru police stall-On 4. One CC to MS. KOPPISETTI PARVATI DEVI Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy T/ HIGH COURT SRK,J DATED : 06/02/2025 BAIL ORDER CRLP.No.543 of 2025 ALLOWED