Adhikari Krishna v. The State Of A.P.,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.14872 OF 2016 ORDER:

The petitioners, who are A.1 and A.2, preferred the present Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking relaxation of the conditions imposed on the petitioners in the Order dated 22.09.2016 passed in Crl.M.P.No.2674 of 2016 by the Metropolitan Sessions Judge-cum-Special Judge to try the offences under NDPS Act, Visakhapatnam, in connection with Crime No.36 of 2016/2017 of V.Madugula P & E Station, registered for the offence punishable under Section 20 (b)(ii) r/w.8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'), wherein the learned Judge while granting bail to the petitioners, directed them to execute a personal bond for Rs.50,000/- each with two sureties each and the sureties shall furnish a fixed deposit of Rs.50,000/- each to the satisfaction of the Additional Judicial Magistrate of First Class, Chodavaram. 2.

Learned counsel for the petitioners submits that petitioners are agricultural coolies and imposition of such onerous condition virtually denied the purpose of granting bail.

3.

Learned Additional Public Prosecutor opposed the same. 4.

In view of the facts and circumstances of the case, the condition of furnishing a FDR for Rs.50,000/- each is modified and instead the petitioners shall furnish a FDR for Rs.25,000/- and a third party immovable property security to the extent of Rs.25,000/- by each of the accused to the satisfaction of the Additional Judicial Magistrate of First Class, Chodavaram. All other conditions shall remain unaltered.

5.

Accordingly, the Criminal Petition is disposed of. 6.

Miscellaneous petitions pending in this petition, if any, shall stand closed.

__________________________ JUSTICE C. PRAVEEN KUMAR Date: 29.09.2016 Note : Issue C.C. by 30.09.2010.

B/o.

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