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2025 DAILYLAW 9860 (AP)

Mortha Yohan @ Nallodu, v. The State of Andhra Pradesh,

CRLP/2346/2025 · 2025-03-27

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i A \±`\ O IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA f/ THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 2346 OF 2025 Between : + 1. Morfha Yohan @ Nallodu, S/o Chandra Rao, Age 30 Years, R/o. Mukkinada Village, Rajanagaram Mandalam. As per Aadhaar card Addresses- Mortha Chinna, S/o. Chandrayya, Do. No. 1-123, Mukkinada Village, Rajanagaram Mandalam. 2. Chinakula Manikantta, S/o. Venkata Ramana, Age 31 Years, R/o. Mukkinada Village, Rajanagaram Mandalam. Petitioners/Accused (A1 & A2) AND The State of Andhra Pradesh, Rep., by l'ts Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. Respondent/Complainant Petitl'on under Section 482 of BNSS., is filed praying that in the circumstances` stated in the memorandum of grounds filed jn support of the CriminaIPetition, the High Court may be pleased to grant anticipatory bail to the petitioners, directing the arresting offilcer to release them on bail in the event of their arrest in connection with FIR NO. 03 of 2025 of Proh. & Excise Station, Rajamahendravaram-South limit it VII AddI. J.F.C.Magistrate, Rajamahendravaram, East Godavari District, The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. B PARAMESEWARA RAO Advocate for the Petitioners and of Public Prosecutor for the Respondent; The Court made the following: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 2346 of 2025 The Criminal Petit'lon, under Section 482 of the Bharatiya Nagarik suraksha sanhita, 2023, is filed on behalf of the petitioners/A1 & A2 to grant anticipatory bail in connection with crime No.3/2025 of Prohibition & Excise Station, RajamahendraVaram South, East Godavari District. 2) A case has been registered against the Petitioners for the Offence punishable u/sec.7-B read with 8A & 8B of the A.P.Prohibition Act. 3) Case of the Prosecution in brief iS that On 02.O1.2025 at about o2.30 P.M, police conducted raid at the scene Of Offence at Rathi cheruvu gattu in Mukkinada Village of Rajanagaram MandaI, where, they found 1400 liters Of FJ wash in 07 plastic drums, which is fit for distillation of ID liquor. On enquiry, POliCe Came tO know that the accused are involved in the alleged Offence. 4) Heard. PerusedthereCOrd. 5) Learned COunSel for the Petitioners Submits that a false Case iS foisted against the petitioners herein and the petitioners are no way connected to the alleged crime. Further, the learned counsel for the *of --_2 L= \ .~` J, petitioner submits that the petitioners neither involved in the alleged crim5` nor was present at the scene d'f offence. 6) On the other hand, learned Assistant Public Prosecutor opposed grant of anticipatory bail on the ground that investigation is pending. 7) A perusal of the material on record shows that the petitioners were not apprehended at the scene of offence. Nothing has been seized from the possession of the petitioners herein. ,n the facts and circumstances of the case, this Court is inclined to consider the prayer of petitioners for grant of anticipatory bail, however, on certain conditions. 8) Accordingly, in the event of arrest of petitioners with regard to this crime, they shall be released on bail on their executing a personal bond for a sum of Rs.10,OOO/-(Rupees ten thousand only) each, with two Sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioners shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. Petitioners shall appear before the station House Officer concerned once in a week i.e. on every sunday between 10.00 a.m| and 05.OO p.m., till filing of the charge-sheet. ce£_-` lIL\ I I-:aFIIB;,_Jl/ 9) Accordingly, the Criminal Petition is allowed. sd/-p.u.v. BHASKAR RAG //TRUE COPY// SECTION OFFICER To, 1. The VII AddI'tiOnaI Judicial Magistrate of First class, Rajamahendravaram, East Godavari DI'StriCt. 2.The Station House Officer, Proh. & Excise Station, Rajamahendravaram-South, East Godavari District. 3. One CC to Sri. B PARAMESEWARA RAO, Advocate [OPUC] 4. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 5. One spare copy JSS '\ HIGH COURT SRK, J \ ' ERE DATED: 27/03/2025 BAIL ORDER CRLP.No.2346 of 2025 ALLOWED