High Court for State of TelanganaCRLP/949/2017partly allowed no costs

Vanthala Sathibabu v. The State Of A.P

2017-02-06A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.949 OF 2017 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners - accused Nos.1 to 3 viz., Vanthala Sathibabu, Vanthala Koteswara Rao and Vanthala Venkata Rao, respectively, requesting to relax condition No.1 imposed by the learned Metropolitan Sessions Judge - cum - Additional District and Sessions Judge, Visakhapatnam, by the order dated 06.01.2017 in Criminal M.P. No.4741 of 2016 in Crime No.195 of 2016 of Chodavaram Police Station, Visakhapatnam.

2. The condition is to the effect that the petitioners shall execute a personal bond for a sum of Rs.50,000/- each with two sureties each who shall furnish a fixed deposit for Rs.50,000/- each drawn in the name of the Court to the satisfaction of the Additional Judicial Magistrate of First Class, Chodavaram and the bail is subject to genuineness of the sureties.

3. Sri Naidana Sravan Kumar, learned counsel for the petitioners, would represent that the petitioners alleged to have been found in possession of 24 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.

ASNJ Crl. P No.949 of 2017

4. 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.25,000/- (Rupees twenty five thousand only) each instead of Rs.50,000/-.

5. 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 6, 2017.