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2026 DAILYLAW 8755 (AP)

Arockiya Samy v. The State of Andhra Pradesh

CRLP/7335/2026 · 2026-08-24

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\, APHC010441702026 IN THE HIGH COURT OF ANDHRA AT AMARAVATI PRADES|^’^ ■■ :7-- t ft -V / "4 TUESDAY, THE 25"’ DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTtCE Y. LAKSHMANA RAO CRIMINAL PETITtOM NO: 733S OF om.e Between: Arockiya Sarny, S/o. Jesu Raju @ Sesuraj, Aged about ‘ Samanthapuram Village, Kottur Mandal, Dindigul District, Tamil Nadu State. 25 years, R/o. 4-9, ...Petitioner/Accused No.1 The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravad. AND ...Respondent Petition under Sections 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal High Court Petition, the may be pleased to enlarge the petitioner/Accused regular bail in Crime No. 180 No.1, on of 2026 of Pendurthi Police Station Visakhapatnam, registered for the alleged offences punishable under >20<bXii)(B) read with Section 8(c) of the NDPS Section Act, 1985, on such terms and may deem fit and proper in the interests of justice conditions as this Court ■ .t The Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI KAKUMANU JOJI AMRUTHA RAJU Counsel , PUBLIC PROSECUTOR, for the Respondent, the Court for the Petitioner, and of made the following ' /■ APHC010441702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 25^'^ DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7335/2026 Between; 1.AROCKIYA SAMY, S/0. JESU RAJU SESURAJ.AGED ABOUT 25 YEARS, R/0. 4-9, SAMANTHAPURAM VILLAGE,KOTTUR MANDAL, DINDIGUL DISTRICT,TAMIL NADU STATE. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Amaravad. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KAKUMANU JOJIAMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER; 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. 180 of 2026 of Pendurthy Police Station, Visakhapatnam Commissionerate, registered for the alleged offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the 2 Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Mr.Kakumanu Joji Amrutha Raju, learned Counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition. 2. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition. 3. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. On perusal of the record, the Petitioner is arraigned as Accused No.1 in this case. The prosecution alleges that the Petitioner was involved in the commission of an offence relating to 6 kgs of ganja. The seized ganja does not constitute a commercial quantity. The Petitioner was arrested on 5. X. 3 12.05.2026. He has been in judicial custody for the past 105 days. Accused No.2 has already been enlarged on regular bail. The Petitioner is a permanent resident of the State of Tamil Nadu. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening witnesses, or tampering with evidence. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: 6. i. The Petitioner/Accused No.1 shall be enlarged on bail subject to him executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned VII Additional Judicial Magistrate of First Class, Visakhapatnam. 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 filing of the charge sheet, iii. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. ) I 4 iv. The Petitioner/Accused No.1 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required. V. 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. vi. The Petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. Sd/-SUDA SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER '.1 f To, 1. The VII Additional Judicial Magistrate of First Class, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. • t • 3. The Station House Officer, Pendurthi Police Station, Visakhapatnam 4. One CC to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy / HIGH COURT DR.YLR.J DATED:25/08/2026 BAIL ORDER CRLP NO. 7335 OF 2026 ALLOWED 5 //-::> «b' 'A ■PI VO s wr.TK» cy» or. .<> ; *