Vydyalingam Siva Kumar v. The State Of A.P

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.11003 of 2016

ORDER

The petitioner, who is accused No.1 in crime No.20 of 2016 of Maredumilli Police Station, East Godavari District, filed the present application under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in the above crime, registered for the offence punishable under Sections 8 (c) r/w.20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard learned counsel for the petitioner as well as the learned Public Prosecutor appearing for the respondent-State. Though various grounds are raised by the learned counsel for the petitioner, he mainly seeks release of the petitioner on the ground that health condition of the petitioner is not good. According to him, petitioner is now taking treatment in Government General Hospital, Kakinada, and he is in Intensive Care Unit. The same is opposed by the learned Public Prosecutor stating that the health condition of the petitioner is normal. Having regard to the rival submissions made, on 09.08.2016 a report was called for from the Superintendent, Government General Hospital, Kakinada. However, till date, no report as such is received.

Having regard to the said circumstances, the petitioner shall move an application before the trial Court for grant of bail on health grounds, in which event, the same shall be considered by the trial Court being uninfluenced by the earlier orders passed by this Court. If the health condition of the petitioner warrants release, the same may be done so on such terms and conditions as it deems fit, in accordance with law either on the same day or at the earliest.

Accordingly, the Criminal Petition is disposed of.

_______________________________ JUSTICE C. PRAVEEN KUMAR 16.08.2016 sur