Suresh, v. The State Of A.P

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.202 OF 2017 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner - accused No.2 viz., Suresh requesting to relax conditions imposed by the learned Metropolitan Sessions Judge - cum- I-Additional District and Sessions Judge, Visakhapatnam, by the order dated 27.12.2016 in Criminal M.P. No.4310 of 2016 in Crime No.126 of 2016 of Kacharapalem Police Station.

The first condition is to the effect that the petitioner shall execute a personal bond of Rs.1,00,000/- with two sureties who shall each furnish a fixed deposit of Rs.1,00,000/- in the name of the Court to the satisfaction of the learned III Metropolitan Magistrate, Visakhapatnam, and the bail is subject to verification of genuineness of the sureties.

Sri G. Venkat Reddy, learned counsel for the petitioner, would represent that the petitioner along with other accused alleged to have been found in possession of 26 Kilograms of Ganja, which is not a commercial quantity and, therefore, sought to relax the condition in its entirety, which request is opposed by the learned Additional Public Prosecutor for the State of Andhra Pradesh.

In a similar situation, earlier, this Court relaxed the condition directing the sureties to furnish fixed deposit of Rs.25,000/- as against Rs.50,000/-, as such, to that extent the said condition is modified

directing the sureties to furnish fixed deposit of Rs.50,000/- (Rupees fifty thousand only) each instead of Rs.1,00,000/-. Accordingly, the Criminal Petition is allowed in part modifying the order impugned to the extent indicated above.

All other conditions remain unaltered.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

___________________________ A. SHANKAR NARAYANA, J February 16, 2017.

mar