[3521 ] ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE /C> -Asy'. •ill O: :## :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO V'"' - CRIMINAL PETITION NO: 11263 OF 2025 ^ V'; ,1- Between; 1. R. Sankar, S/o Raja, Aged 44 Mettu Colony, Ponpadi Village, Thimthani Taluka District, State of Tamil Nadu. years, R/o D.no. 271, Ambedkar Street, & P.S, Thiruthani 2. R. Aravindan, S/o Rajini, Aged 23 years, N/o Thimvika Nagar Street, Manali Town, M-6 Police Station Area, Mulakadai, Perumbur, K-1 PS limits. State of Tamil Thimvallur District, R/o Erkinjeri, Nadu. Petitioner/Accused No.1 & 2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor of Judicature of Andhra Pradeshat Amaravati. High Court Respondent/Complainanf Petition under Section 480 & 483 of BNSS is fiied praying that in the circumstances stated in the affidavit flied in support of the Criminal Petition, the High Court may be pleased to release the Petitioners/Accused No. 1 & 2 n bail in Crime No. 245 of 2025, On the fiie of the Anakapalli Town Police Station. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds flied in support thereof and upon hearing the arguments of Sri DASARI RAMAKOTESWAR RAO Advocate for PROSECUTOR (AP) for the Respondent and the the Petitioner^ PUBLIC Court made the following. ^ 1 APHC010581062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] n WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11263/2025 Between: R Sankar and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1.DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos. 1 and 2 on bail in Crime No.245 of 2025 of Anakapalli Town Police Station, Anakapaili District, registered against the Petitioners/Accused Nos.1 and 2 herein for the offences punishable under Sections 20(b)(ii)(B), 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 Heard the learned counsel for the petitioners and the learned Assistant 2. Public Prosecutor. Perused the record. The petitioners/accused Nos.1 ^and 2 were alleged to have been in possession of 10.960 kgs of ganja. It is not a commercial quantity. The petitioners are permanent residents of Tamil Nadu State. They have got fixed 3. abode. The petitioners were arrested on 25.10.2025. They have been in judicial custody for the past of 24 days. There are no adverse criminal antecedents reported against the petitioners. However, the learned Assistant Public Prosecutor submits that there is one ‘the IPC’ case registered against the petitioners. Be that as it may, the petitioners/Accused Nos.1 and 2 are presumed to be innocents until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and others^ the Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. So far, six witnesses have been examined, all of them are material and official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation may not arise. No petition seeking for custodial interrogation was filed by the police before the learned Court below concerned. Substantial portion of the investigation in so far the involvement of the petitioners concerned is completed. If certain conditions are imposed. there is no likelihood of their absconding or evading the process of law. ^ 2020 (11) see 648 3 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioners/Accused No.1 and 2 on bail. In the result, the Criminal Petition is allowed with the following stringent 5. conditions: The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for the like sum each to the satisfaction of the learned I Additional Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Anakapalli. I. I ii. The Petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioners/Accused Nos.1 and 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned, iv. The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future. V. The Petitioners/Accused Nos.1 and 2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. 4 vi. The Petitioners/Accused Nos.1 and 2 shall surrender their passport, if any, to the investigating officer. If they claim that they does not have a passport, they shall submit an affidavits to that effect to the Investigating Officer. SD/- G.HELANAIDU DEPUTY,REGISTRAR //TRUE COPY// SKTION OFFICER r To 1. The I Additional Junior Civil Judge-Cum-XI Additional Metropolitan Magistrate at Anakapalli. 2. The Superintendent, Central Prison, Vizag. 3. The Station House Officer, Anakapalli Town Police Station, Anakapalli. 4. One CC to SRI. DASARI RAMAKOTESWAR RAO Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of A.P., Amaravati [OUT]. 6. One spare copy HIGH COURT DR.YLR.J DATED: 19/11/2025 BAIL ORDER CRLP.No.11263 of 2025 ALLOWED