Korra Suri Babu v. State Of A.P.,

THE HON'BLE SRI JUSTI CE M.SATYANARAYANA MURTHY CRI MI NAL PETI TI ON No. 2 2 9 9 OF 2 0 1 8 ORDER:

This petition is filed, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, for grant of bail to the petitioners-accused Nos. 1 and 2 in NDPS S.C.No. 92 of 2017 on the file of the Court of learned I Additional District and Sessions Judge, East Godavari District at Rajahmundry, registered for the offence punishable under Section 8 (c) read with Section 20 (b) (ii) (C) of the NDPS Act, 1985.

2.

Heard learned counsel for the petitioners and learned Public Prosecutor (A.P.).

3.

The main reason for seeking bail at this stage after dismissal of the earlier bail application is that petitioner No. 1accused No. 1 is suffering from some ailments and produced a certificate issued by Dr. P.Nalini Mohan, Civil Assistant SurgeonOrtho, Government District Hospital, Rajahmundry, certifying hat petitioner No. 1 is suffering from hypertension with lumbar canal stenosis and advised further investigation in a higher centre as they are not having facilities to investigate and treat him in District Hospital, Rajahmundry. Insofar as petitioner No. 2accused No. 2 is concerned, no specific ground is raised for his enlargement except general grounds.

4.

In view of the above certificate, the Superintendent, Central Prison, Rajahmundry, is directed to produce petitioner No. 1-accused No. 1 before the District Headquarter Hospital at Rajahmundry and if no facilities for further investigation are

available at Rajahmundry, the latter may be referred to Government Hospital at Kakinada where such facilities for further investigation are available.

5.

Subject to the above direction, the criminal petition is dismissed. Pending miscellaneous petitions if any shall stand dismissed in consequence.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M.SATYANARAYANA MURTHY, J.

09-04-2018.

JSK