Gantla Narsi Reddy v. The State Of Andrha Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE SIXTH DAY OF APRIL, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE: C.PRAVEEN KUMAR CRLP .NO:2786 of 2015 Between:
Gantla Narsi Reddy, S/o. Late Linga Reddy ..... Petitioner/Accused No.5 AND The State of Andhra Pradesh Rep., by its Public Prosecutor, High Court at Hyderabad.
.....Respondent/ Complainant Petition under section 438 of Cr.PC., praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to enlarge the petitioner/Accused No.5 on bail in the event of his arrest in Crime No.25 of 2015 of Tekkali Police Station, dt.12.02.2015.
The petition coming on for hearing, upon perusing the Petition and the memo of grounds filed herein, and upon hearing the arguments of Sri Ramesh Babu Pedapalli Advocate for the Petitioner, and of Public Prosecutor (AP) for respondent, the Court made the following. ORDER:
The petitioner, who is A-5, filed the present application under Section 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking release in the event of his arrest inconnection with Cr.No. 25 of 2015 o f Tekkali Police Station, Srikakulam District registered for the offences punishable under Section 5 of Explosive Substances Act, 1908.
The gist of the allegations against the petitioner is that on 12-02-2015 at about 4.00 pm the Circle Inspector of Police, Tekkali along with staff and mediators while conducting surprise visit in and around Tekkali noticed an auto bearing No.AP 30 V 630 proceeding with a load. On suspicion, the said auto was stopped and on search they found some explosive material in the said auto. The auto driver
is alleged to have confessed about transport of the material and the delivery in a granite quarry at Tekkali.
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Heard learned counsel for the petitioner and the learned Public Prosecutor for State.
A perusal of the material on record would show that A-5 is the owner of M/s.Vigneswara Enterprises situated at Nalgonda and he is having license to possess, store and transport Nitrate Mixture, Safety fuse, Detonating Fuse and Detonators. The license is valid up to 2017. Since the material has been transported to a granite quarry and as the petitioner is having license to do business in explosives, his request can be considered on certain terms and conditions. Accordingly, the Criminal Petition is allowed and the petitioner is directed to surrender before the Station House Officer, Tekkali Police Station, Srikakulam District within a period of fifteen days from today and on such surrender, he shall be released on bail on his executing personal bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of the same Station House Officer.
As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
Sd/- A. Surya Prakash Rao ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Judge, Additional District and Sessions Court, Sompeta, Srikakulam
2. The Station House Officer, Tekkali Police Station, Srikakulam District
3. Two CCs to Public Prosecutor (AP), High Court, Hyderabad (OUT)
4. One CC to Sri Ramesh Babu Pedapalli, Advocate (OPUC)
5. One spare copy Note; "Crime No. 25 of 2012" shall be replaced with "Crime No. 25 of 2015 in the order dated 06-04-2015 passed in Crl.P.No. 2786 of 2015 as per Court order dated 17-04-2015 passed in Crl.P.MP.No. 3802 of 2015. Substitute this amended order in place of earlier order which was already
dispatched on 07-04-2015.
Sd/- A. Surya Prakash Rao Asst. Registrar HIGH COURT CPK,J Drafted by: skm Drafted on: 07-04-2015 DATE: 06-04-2015 (amended order dated 17-04-2015)
ORDER
(amended order) CRL.P. NO. 2786 OF 2015 DIRECTION