Senapati Vijaya Kumar , Vijay v. The State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE RAJA ELANGO CRL. P. NO:9181 of 2015 Between:
1 Senapati Vijaya Kumar @ Vijay S/o Late Apparao, 2 Magapu Ganga S/o Late Tatarao, 3 Gummala Nagu S/o Rambabu, 4 Thottipudi Chandrasekhar @ Chandu S/o. Satyanarayana, ..... Petitioners/Accused No. 3 to 6 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, Hyderabad, for the State of TS and AP .....Respondent Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to release the petitioners/Accused No. 3 to 6 in Crime No. 119 of 2015 on the file of S.H.O. Jaggampeta P.S., East Godavari District. The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri T.V. Jaggi Reddy, Advocate for the Petitioners and of the Public Prosecutor, (AP), for the Respondent, the Court made the following.
ORDER:
"This criminal petition is filed by the petitioners - Accused Nos.3 to 6 under Sections 437 & 439 of Criminal Procedure Code seeking to grant bail in Crime No.119 of 2015 of Jagggampeta Police Station, East Godavari District, registered for the offences punishable under Sections 420 read with 34 IPC and Section 8 (c) read with 20(b)(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act. Heard and perused the material available on record. The allegation against the petitioners is that they involved in smuggling of ganja and on 03.08.2015 while they were selling ganja, the police arrested them.
Learned counsel for the petitioners submitted that the petitioners are innocent of the offences alleged against them and due to political disputes in the village, they were implicated in the case. He further submitted that the petitioners are mansions and they are the only bread winners of their families and hence, they may be granted bail. A perusal of record discloses that only 10 kgs., of ganja was recovered from the possession of the petitioners. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners.
In the circumstances, the petitioners-accused Nos.3 to 6 shall be enlarged on bail on their executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with one surety for the like sum each to the satisfaction of the First Additional District and Sessions Judge, East Godavari District, Rajahmundry. Further, the petitioners are directed to report to the Station House Officer concerned, daily between 10.00 a.m. and 5.00 p.m., for a period of (15) days from the date of receipt of a copy of this order and to cooperate with the investigating agency. Accordingly, the Criminal Petition is allowed." Sd/- N.PURUSHOTHAM REDDY ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The I Addl. District and Sessions Judge, East Godavari District, Rajahmundry
2. The Addl. Judicial First Class Magistrate, Jaggampeta, E.G. District
3. The Station House officer, Jaggampeta Police Station, East Godavari District
4. The Superintendent, Central Prison, Rajahmundry, East Godavari District
5. Two CCs to Public Prosecutor, (AP), High Court Buildings, Hyderabad (OUT)
6. one CC to Sri T.V.Jaggi Reddy, Advocate (OPUC)
7. One spare Copy NOTE: The name of the court in the sixth paragraph of he order is corrected as 'First Additional District and Sessions Judge, East Godavari District, Rajahmundry," in place of 'Additional Judicial Magistrate of First Class, Jaggampet, East Godavari District' as per order of the Court dt. 229-2015 made in Crl.P.M.P. No. 9811 of 2015. this order is substituted to the earlier order which was already dispatched on 14-09-2015."
SD/- A.SURYA PRAKASH RAO ASSISTANT REGISTRAR HIGH COURT REJ DATE: 14-9-2015 22-9-2015 AMENDED ORDER CRL.P. NO. 9181 OF 2015 BAIL