S. Anandavelu @ C. Anandavelu, v. The State of Andhra Pradesh,
CRLRC/280/2025 · 2025-07-17
Y Lakshmana Rao
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 8551 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8551 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010092842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 280 OF 2025 Revision filed under Sections 397 & 401 BNSS, aggrieved by the order of the of Cr.P.C and 438 & 442 of court of the I Additional District and Sessions Judge, Nellore & Special Judge for Offences N.D.P.S. Act, Nellore in CRL.MP.No. 296 of 2024 dated modify the Condition No.2. i.e.Jhe petitioner shall execute a bond for Rs, 10,00,000/- (Rupees ten lakhs only) with Triable Under 28.02.2024 and one surety for a like sum to the of I Class, Sullurpettaa Lakhs Only), which is satisfaction of Additional Judicial Magistrate reasonable sum of Rs.2,00,000/- (Rupees Two proportionate to the market value. Between: s. Anandavelu @ C. Anandavelu,, S/o. Selapilai, 126, PiiiayarKoil Street, LabourColony,Guindy, Industrial Estate,Chennai Guindy industrial Estate Tamil Nadu - 600032 ...PETITIONER /A3 / PROPERTY OWNER AND The State of Andhra Pradesh, through Station f station,Tirupati District, Rep. by Public Prosecutor House officer, Sullurpet Police . High Court at Amaravati. ...RESPONDENT
Counsel for the Petitioner : SRI. BHOOMA MAHARSHI REDDY Counsel for the Respondent : PUBLIC PROSECUTOR The Court made the following ORDER :
APHC010092842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINALREVISIONCASE NO: 280/2025 Between: S. ANANDAVELU @ C. ANANDAVELU PILLAYARKOIL STREET, ESTATE,CHENNAI GUINDY INDUSTRIAL ESTATE, TAMIL NADU - 600032 S/0. SELAPILAI, 126, LABOURCOLONY, GUINDY, INDUSTRIAL ...PETITIONER AND THE STATE OF ANDHRA PRADESH, through Station House officer, Sullurpet Police station,Tirupati District, Rep. by Public Prosecutor, High Court at Amaravati. ...RESPONDENT Counsel for the Petitioner:
BHOOMA MAHARSHI REDDY Counsel for the Respondent:
PUBLIC PROSECUTOR The Court made the following:
2 Dr.YLRj Crl.R.C.No,280of2025 ^ 18.07.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE No:280/2025
ORDER: The Criminal Petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), challenging the condition imposed by the learned I Additional District and Sessions Judge, Nellore on 28.02.2025 in Crl.M.P.No.296 of 2024 in Cr.No.73 of 2023 of Sullurpet Police Station for release of the vehicle the Petitioner shall pay Rs. 10,00.000/- with one surety to the satisfaction of the learned Additional Judicial Magistrate of First Class, Sullurpet.
Learned Counsel for the Petitioner submits that the vehicle is old one and as per the insurance certificate the value of the vehicle was shown at Rs.2,00,00/-. The vehicle is 2009 making Innova car, it does not have the value not more than Rs.2,00,000/- and hence urged to reduce the value of the surety.
2.
3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
4. In view of the value mentioned in the insurance and the year of making of the vehicle, ex-facie it appears that Rs. 10,00,000/- as surety for release of the vehicle is highly disproportionate. If an amount of Rs.3,00,000/- is ordered to give surety, it would meet the ends of justice.
3 Dr.YLRJ Crl.R.C.No.280 Of 2025 18.07.2025 In the result, the Criminal Revision Case is allowed partly relaxing the condition No.2 in para No. 10 of impugned judgment dated 28.02.2024 in Crl.M.P.No.296 of 2024 on the file of the learned I Additional District and Sessions Judge, Nellore & Special Judge for Offences Triable under N.D.RS. Act, Nellore, directing the vehicle bearing No.TN 37 BE 0699 be released the Petitioner executing a bond for Rs.3,00,000/- with one surety for a like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Sullurpet. the remaining conditions imposed in the impugned judgement shall hold good.
5. on
6. The residual conditions as imposed by the learned I Additional District and Sessions Judge, Nellore & Special Judge for Offences Triable under N.D.RS. Act, Nellore in the original order shall remain in force and be duly complied with by the Petitioner/Accused.
7. Accordingly, the Criminal Revision Case is partly allowed. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand SD/- M.RAMESH BABU DEPUTY REGISTRAR closed.
//TRUE COPY// SECTION OFFICER To,
1. The I Additional District and Sessions Judge, & Special Judge for N.D.P.S Nellore. (with records)
2. The Station House Officer, Sutiurpet Police Station, Tirupathi District.
3. One CC to Sri. Bhooma Maharshi Reddy, Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]
5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi.
5. Two CD Copies PR TAC
HIGH COURT DATED: 18/07/2025
ORDER CRLRC NO. 280 OF 2025 2^ H AUG 2025 ■f/ ^ . Currem Section ^ ALLOWING THE CRLRC IN PART