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2025 DAILYLAW 9144 (AP)

S SIDDIQ ALI @ SIDDU v. THE STATE OF ANDHRA PRADESH

CRLP/2133/2025 · 2025-03-28

K Sreenivasa Reddy

body2025

Judgment text

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t 7--. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA FRIDAY, THE T'wENTY EIGHTH DAY OF MARCH a,# TWO THOUSAND AND TWENTY FIVE \# :PRESENT: rf `\ THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.I 2133 OF 2025 Betwee " ` -.`.,`. +..-ff_£. ___ _ _ ..'ft s siddiq AII' @ Siddu, S/o S. Shajahan, Aged about 26 years, R/o 15-1964, tr Ashokapuram, chittoor District. \rf i .`.fyiSS ...Petl-tioner/Accused No.6 AND i,`J£.rf The State of Andhra pradesh, rep by its public prosecutofe;J*f€High court of Andhra Pradesh at Amaravati. ...Respondent `_...I Petition under section 482 of BNSS is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal PetitI-On, the High Court may be pleased to dI-reCt the Station House H= Officer, chittoor ll Town Urban Poll-ce Station and to release the petitioneJ4Accused No.6 on ba" in the event of his arrest in crime No.208/2024 of Chittoor II Town Urban Police Station, Chittoor District. gr The petition coming on for hearing, upon perusI'ng the Petition and the aTr: :mo :anntsd uoTso: lg:o upnudRS NfiAecd £givn#sNuDP:rfRt:eDr:OJf ;: :oucpa:en fho: ::I: gpteht:tl o n e r , and of PUBLIC PROS\LE>,CUTOR for the Respondent, and the court made the following ORDER: V' I/ HON]BLE SRI JUSTICE K. SREENIVASA REDDY Q±minaI Petition No|2133 of 2Q2! Order: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Petitioner herein/A6, seeking antiCiPatOry bail, in connection With Crime No.208 of 2024 of Chittoor ll Town Urban Police Station, Chittoor district. 2. A case has been registered against the Petitioner herein and others for the offences punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and PsychotropiC Substances Act, 1985 and Section 27(3) of the Arms Act. 3. Case of the prosecution, in brief, iS that On 16.10.2024, at about o2.00 pm, on credible information, the Inspector of Police, chittoor ll Town Police Station, along With his Staff and mediators, proceeded to the back side of Indian Gas Godown, lruvaram, chittoor town, and found Al to A8 in possession and illegal transportation of o1.600 Kgs of Ganja (Cannab'ls). On seeing the pol'lce, A4 to A8 absconded from the SPOt. The police arrested Al to A3 and seized the contraband along with vehicles and other material under cover of a mediators report and a case has been registered against the accused. ®|+ - I \\ 4. Heard. perusedtherecord. 5. A perusal of the material on record goes to show that basing on the confessl|onal statement of the co-accused, the names of petjtjoner herein/A6 and A8 have been arraigned as accused jn the present crime. It js submitted that the learned sessions Judge, vide order in crI.MP No.2067 of 2024, dated 10.01.2025, granted anticI-PatOry bail to A8. Insofar as the petI'tjOner hereI'n/A6 js concerned, as there js ambiguity with regard to his name his anticipatory ba" petI'tjOn, the petjtjon was dl'smissed by the learned sessions Judge. 6. The name of the petl'tI'Oner herein is shown as sI'ddl'q AIi, whereas the record shows that the name of the petitI-OIner l's sI-ddu only. Learned AssI'Stant Publl'c prosecutor, on oral instructions, submI'tS that Siddjq AII® and Siddu are one and the Same. 7. Irrespective of the said fact, since the quantI~ty Of contraband allegedly seized from the possession of co-accused is to the extent of 1.600 Kgs, whI'Ch WOuld amount to non- commercjal quantity, and since A8, who stands on the same footing to that of A6, was granted antjcipatory bail by the learned - . - -', sessions Judge, this Court fells that it is appropriate to grant I,I ` anticipatory bail to the petitioner herein/A6. 8. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein/A6 on the following conditions. i) ln the event of arrest of the petitioner herein/A6 in the aforesaid crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) Petitioner shall make himself available for interrogation by a police officer as and when required, and he shall not, directly or indirectly,1make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. iii) Petitioner shall appear before the Station House Officer concerned `L6nce in a week i.e. on every Sunday between 10.00 AM and 1.00 PM, till filing of the charge sheet. 9. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. //TRUE COPY// sD/- M.PRABHAKARA RAO ASS IS TAN T#fuqsTRAR SECTION OFFICER \R To, L,. 1. The Station House Officer, Chittoor lI Town Urban Police Station, chittoor District. 2. One CC to SRI. D PURNACHANDRA REDDY, Advocate [OPUC] 3. Two CCs to PUBLIC PROgfCUTOR, High Court of Andhra Pradesh. [OUT] 4. One spare COP#ar- KN I+.,` HIGH COURT SRK,J DATED.. 28/03/2025 ORDER CRLP.No.2133 of 2025 ALLOWED \`S;, - #-i;-rEx§'-Sp¥ EE=EJ EEHiiI \,\ ELPR \\"