APHC010436472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7234/2026 Between: 1. JISHNU KAKKUZHI, S/O RAMACHANDRAN,AGED ABOUT 29 YEARS, R/O KAKKUZHI HOUSE,KATTILAPPADAM VJLAGE, KARULAI POST. NILAMBUR,MALAPPURAM DISTRICT,KERALA STATE, PIN CODE679330,AADHAR CARD NO.7589 9265 4477 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Represented by Police,Muvvalavanipalem P.S, Visakhapatnam Commissionerate,Through Public Prosecutor, A.P.High Court, Amaravathi -522238. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. P SRIDHAR MANIKANTA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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.10 on bail in Crime No.541 of 2025 of Muvvalavanipalem Police Station, Visakhapatnam Commissionerate, registered for the alleged offences punishable under Section 123 of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), and Sections 20(b)(ii)(B), 22(b), 27(a) and 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.P.Sridhar Manikanta, 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. 3. 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 3 ongoing investigation and evading the process of law and urged to dismiss the Petition. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioner is arraigned as Accused No.10 in this case. The allegation against the Petitioner is that he was indulged in dealing with 3.8 grams of MDMA and 5.350 kgs of ganja. However, the contraband was not seized from the possession of the Petitioner/Accused No.10. The Petitioner was not arrested on the spot. The Accused Nos.1 to 6 and Accused No.9 were already granted bail by the learned Trial Court. The Petitioner was arrested on 26.06.2026 and has been in judicial custody for the past 81 days. There is one adverse antecedent reported against the Petitioner, but it is not of a similar nature. The seized contraband is not a commercial quantity. So far, 11 witnesses have been examined. 6. The Petitioner is a permanent resident of Kerala State. He has got fixed abode. 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. 7. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.10, this Court is inclined to enlarge the Petitioner/Accused No.10 on bail subject to stringent conditions. 4 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.10 shall be enlarged on bail subject to him executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam. ii. The Petitioner/Accused No.10 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.10 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused No.10 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.10 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.10 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.09.2026 PRA/VMM 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7234 of 2026 Date: 15.09.2026 PRA/VMM