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2025 DAILYLAW 55585 (AP)

Thurala Ganesh alias Siva v. THE STATE OF ANDHRA PRADESH

CRLP/8463/2025 · 2025-11-05

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: DR JUSTICE Y. LAKSHMANA RAO o v' t,h€honourable CRIMINAL PETITION NO: 8463 OF 2025 f. >• I, Between: Thurala Ganesh @ Siva S/o.Appalanaidu, Aged 27 years R/o.Krishnapuram Village,Narsipatnam Mandal, Anakapalli District. Petitioner/A.1 AND The State of A.P., Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Makavarapalem Police Station. Respondent Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), 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/ A.1 on Regular Bail in connection with Crime No.27/202^the file of Makavarapalem Police Station, dated 11.02.2025. Si: i The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri CHALAMALASETTI ANIL KUMAR, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following: 1 APHC010386182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) IS® [3521] JUT-: THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8463/2Q2fi Between: Thurala Ganesh Alias Siva ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.CHALAMALASETTI ANIL KUMAR 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 Petitioner/Accused No.1 on bail in Crime No.27 of 2025 of Makavarapalem Police Station, Anakapalli District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 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 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. An application seeking extension of further remand beyond 180 days was dismissed by the learned Trial Court on 01.11.2025. Thus, the petitioner continues to be in judicial custody beyond the statutory period of 180 days. The petitioner is a permanent resident of Krishnapuram Village, Anakapalli District. He has got fixed abode. The allegation against the petitioner/Accused No.1 is that he was involved in the transportation of ganja, which constitutes a commercial quantity. Considering the facts and circumstances of the case, the nature and 4. gravity of the allegations levelled against the petitioner/Accused No.1, and the fact that the petitioner has completed the statutory period entitling him to default bail, 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 a bond for a sum of Rs. 10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. I. N* , 3 ii. 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, 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. iv. 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 inlerrogation by the investigating officer as and when required, vi. 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, 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. V. SD/- K. KASIRAO ACHAR! ASSISTANT/REGISTRAR //TRUE COPY// SECflON OFFICER To, 1. The I Additional District & Sessions Judge-Cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam The I Additional Judicial First Class Magistrate, Narsipatnam. The Superintendent, Central Prison, Visakhapatnam The Station House Officer, Makavarapalem Police Station One CC to SRI. CHALAMALASETTI ANIL KUMAR Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy 2. 3. 4. 5. 6. 7. KJ It •• In HIGH COURT i DR.YLR,J I li* t >■ DATED:06/11/2025 BAIL ORDER ¥ CRLP.No.8463 of 2025 i / ALLOWED i -s^r C3 U B Nt"! '8® ^ m 05 tg ★ * &SPAT'® \ .5) ► i