Extracted from the PDF above. The PDF is authoritative.
EE I, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY, THE TWENTY FIRST DAY OF MARCH, TWO THOUSAND AND TWENTY FIVE :PRESENT:
HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2207 OF 2025 Between : Gemmeli Srinu, S/o. G.Chitti Babu, aged about 26 years, R/o. Kondapalligunaalu Village, Thammangula Pamchayat, Chinthapalli MandaI, AIIuri Sitharama Raju District, Presently residing at Rajupakalu Village, ChinthapaIIi Mandal, Alluri Sitharama Raju District. . . .Petitioner/Accused No.5 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.5 on bail pending disposal of Crime No.81/2024 of Chinthapalli P.S., Now AIIuri Sitharama Raju District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the
arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioner and Public Prosecutor for the Respondent;
Between : Gemmeli Srinu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the Petitioner/accused:
1. GOLLAPALLI MAHESWARA RAO counsel for the Respondent/comPlainant|.
1.PUBLIC PROSECUTOR The Court made the fo[[owing|.
ORDER: This Criminal Petition under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A5, seeking regular bail in Cr.No,81/2024 of chintapalli police station, Alluri Sitharamaraju District. 2. The above said crime Was registered against the Petitioner/A5 herein and others for the offence punishable u/See.8(c) r/w see.20(b)(ii)(C) of the NDPS Act. 3. The case of the Prosecution in brief iS aS fOllOWS: on o1.9.2024 at about 6.30am, the SI of Chintapalli police station, on receipt of credible information about illegal possession and transportation of ganja, secured the presence of mediators and rushed to teak plantation, chowdupalli village, Chintapalli Mandal and started conducting vehicle checking. police observed one motorcycle coming / `-- GSZ3ZS
from Cherukumpakalu tow-'ards chintapalli and on seeing police, the rider of the motorcycle tried to escape. Then police apprehend him and also noticed one car coming towards them. on seeing police the inmates in the car and driver of the car tried to escape by stopping the car. Then police apprehended them. On interrogation, they disclosed their identity Particulars and police found 415.328 kgs of ganja in their possession. Arrested the accused, seized the contraband and vehicles. 4. Learned counsel forthe petitionercontended that the petitioner is in judicial custody from 01.9.2024 and most of the investigation is completed and after expiry of statutory period, police have not filed charge sheet as such the petitioner is entitled for statutory bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. 6. Heard both sides. 7. lt is evident that the petl-tioner has been in judicial custody since O1|9,2024 and most of the investigation might have been completed by this time. Given that the petitioner has been in remand since 01-9-2024, this Court views that most of the investigation concerning the petitioner's role in the commissl'on of the alleged offence has likely been concluded. lt has been submitted that the petitioner has a permanent residence, and there is no credible apprehension of his fleeing away from justice.
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__ I _ Add'ltionally, Since most Of the Witnesses are Official, the release Of the I| petitioner would not impede the investigation or tamper w-lth the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for investigat-Ion. As huge quantity Of contraband i.e. more than 400 kgs of ganja was involved in this crime, th'ls court views that imposition of stringent conditions would meet the ends of justice. 8. ln v'leW Of the aforesaid facts and Circumstances Of the Case, this court is inclined to grant bail to the petitioner/A5 with following COndit-Ions. (i) The petitioner/A5 herein Sha" be released On his executing a personal bond for Rs.1,00,000/-(Rupees one lakh only) with two sureties for a like sum each tO the satisfaction of the learned I Additional District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam ; (ii) on release, the petitioner shall appear before the station House Officer concerned twice in a Week i.e. On every wednesday and sunday between 10.OO a.m. and 05.00 p.m., for a period of three (03) months. (iii) the petitioner shall not tamper w'lth the evidence and hamper the investigation and shall cooperate for investigation. 9. Accord|lngly, the Criminal Petition is allowed. . -.-----i a.I oFFIcER A:S®`- //TRUE COPY// _ ` For ASSISTANT REGISTRAR
To]
1. The I AddI District & Sessions Judge-cum-special Judge for Trial of Offences under NDPS Act, Visakhapatnam
2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Chinthapalli Police Station, Now AIIuri Sitharama Raju District. 4. One CC to Sri. Gollapalli Maheswara Rao, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of AP [OUT]
6. One spare copy
HIGH COURT TMR,J DATED:21 /03/2025
ORDER CRLP.No.2207 of 2025 ALLOWED \gr\. NIhR \\15\