Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 51425 (AP)

J Somu v. The State of Andhra Pradesh

CRLP/11324/2025 · 2025-11-17

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

rj IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA \ \ f o |3: ^45: m im TUESDAY ,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE D^fjUSTICE Y. X II / £ LAj^SHMANA RAO CRIMINAL PETITION NO: 11324 OF 2025 Between: J Somu, S/o John Raj, Aged 34 years, R/o Vilangudi Village, Madurai Mandal,Madurai District, State of Tamil Nadu. Petitioner/Accused-1 AND The State of Andhra Pradesh, ,Rep. by its Public Prosecutor,High Court of Judicature of Andhra Pradeshat Amaravati. Respondent/Complainant 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 release the ,Petitioner/Accused No. 1 on bail in Crime No. 20 of 2025, On the file of the Mothugudem Police Station COUNSEL FOR THE PETITIONER ; SRI. DASARI RAMAKotESWAR RAO COUNSEL FOR THE RESPONDENT . PUBLIC'PI^SECUTOR THE COURT MADE THE FOLLOWING ORDER r 1 APHC010583702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11324/2025 Between: J Somu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Crirfiinal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.20 of 2025 of Mothugudem Police Station, Alluri Sitharama Raju District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). ,-2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioner/accused No.1 is that he was found in possession of 8 kgs of ganja and he was spot arrested on 04.08.2025. The seized contraband is not commercial quantity. He has been in judicial custody for the past 103 days. The petitioner is permanent resident of Tamil Nadu State. He has got fixed abode. So far, seven 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. Period for custodial interrogation is over. If certain conditions are imposed, there is no likelihood of his absconding or evading the process of law. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions; The petitioner/Accused No.1 shall be enlarged on bail subject to he executing bond for a sum of Rs. 10,000/- (Rupees ten thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram. I. 3 The petitioner/Accused No.1 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. II. iii. The petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. The- petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. The petitioner/Accused No.1 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. IV. V. VI. vii. The petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. SD/- M. PRABHAKAR RAO DEPUTY^EGISTRAR //TRUE COPY// For SECTION OFFICER To, 1. The Spl. Sessions Judge for Trail of cases under NDPS ACT, 1985- cum-l Addl. Sessions Judge, Rajamahendravaram 2. The Judicial First Class Magistrate, Rampachodavaram 3. The Superintendent, Central Prison, Rajahmundry 4. The Station House officer, Mothugudem Police Station, Alluri Sitharamaraju District 5. One CC to SRI. DASARI RAMAKOTESWAR RAO Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUTl 7. One spare copy HIGH COURT DR.YLR.J DATED:18/11/2025 BAIL ORDER CRLP.No.11324 of 2025 ALLOWED