Talluri Srinivasa Rao v. The State Of A.P.

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.2737 OF 2018 ORDER:

This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking to enlarge the petitioner, who is accused, on bail, in S.C.No.109 of 2017 on the file of II Addl. District-cum-Metropolitan Sessions Judge, Vijayawada, Krishna District. The offence alleged against the petitioner is under Sections 20, 28 & 29 of the NDPS Act, 1985.

2.

Heard learned counsel for the petitioner/accused, learned Public Prosecutor appearing for the respondent-State.

3.

Learned Public Prosecutor brings to the notice of this Court that, earlier, four bail petitions filed by the petitioner were dismissed, by considering the merits of the case. Crl.P.No.11145 of 2017 was filed after filing of the charge sheet and hence the contention of the counsel for the petitioner that there is change of circumstance also cannot be considered. The contention of the counsel for the petitioner that father of the petitioner expired and that he has to look after his family, does not by itself entitle him for bail, when the rigours of Section 37 of the Act still operate against the petitioner. Hence, this Court is of the view that bail cannot be granted to the petitioner.

4.

Criminal petition is accordingly dismissed.

As a sequel, miscellaneous petitions, if any pending, stand closed. ____________ T. RAJANI, J March 14, 2018 MRR