Gurram Venkateswarlu , G.V. v. State Of A.P., Through Inspector Of Police
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY FIRST DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN :PRESENT:
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRLP .Nos. 10433 AND 10543 of 2017 CRLP .No. 10433 of 2017 Between:
Gurram Venkateswarlu @ G.V. S/o. Bhaskar Rao, Aged about 40 years, Occ: Business, Kalugolammapeta, Kavali Town & Mandal, SPSR Nellore District.
..... Petitioner/ Accused No.10 AND State of A.P., Through Inspector of Police, Nellore IV Town Police Station, SPSR Nellore District, Rep. by its Public Prosecutor, High Court at Hyderabad for the State of Telangana and the State of A.P.
.....Respondent Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to direct the release of the petitioner on bail pending Enquiry, Trial into Crime No.185 of 2017 on the file of Nellore IV Town Police Station, SPSR Nellore District. CRLP .No.10543 of 2017 Between:
Mannam Syam Prasad, S/o. Koteswara Rao, aged about 37 years, R/o. Ramanagar, Near Rapur Road, Podalakuru, SPSR Nellore District. Dasari Sushanth Kumar, S/o. Rajendra Prasad, aged about 27 years, R/o. Jeenigala Street, Settigunta road, Nellore, SPSR Nellore District. ..... Petitioners/ Accused No.12 and 13 AND State of Andhra Pradesh, rep. by the Public Prosecutor, High Court of T.S. and A.P., Hyderabad.
.....Respondent Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to release the Petitioners who are arrayed as Accused No.12 and 13 on bail in connection with Crime No.185 of 2017 on the file of Nellore IV Town Police Station, Nellore, SPSR Nellore District.
These petitions coming on for hearing, upon perusing the material available on record and upon hearing the arguments of Sri K. Chaitanya, learned counsel for the petitioner-A.10 in Crl.P. No.10433 of 2017, Sri B. Vijaysen Reddy, learned counsel representing Sri V. Sivaprasad Reddy, learned counsel for the petitioners-A.12 and A.13 in Crl.P.No.10543 of 2017 and of the learned Additional Public Prosecutor (AP) for the respondent-State, the Court made the following COMMON ORDER:
"These Criminal Petitions are filed under Section 439 Cr.P.C. by the petitioners-A.10, A.12 and A.13 for grant of bail to them in Crime No.185 of 2017 of IV Town Police Station, Nellore District, registered for the offence under Sections 3 and 4 of the Gaming Act, 2005, and Section 20(b)(ii)(C) r/w Section 8(c) of the Narcotics Psychotropic Substances Act, 1985 (NDPS Act).
- 2 - 2.
Heard Sri K. Chaitanya, learned counsel for the petitioner-A.10 in Crl.P. No.10433 of 2017, Sri B. Vijaysen Reddy, learned counsel representing Sri V. Sivaprasad Reddy, learned counsel for the petitioners-A.12 and A.13 in Crl.P. No.10543 of 2017, and learned Additional Public Prosecutor appearing for the respondent-State, apart from perusing the material available on record. 3.
Learned counsel for the petitioners would submit that these petitioners were falsely implicated in this case; no ganja was seized from the possession of the petitioners; these petitioner-A.10 is said to be in jail for three months and the petitioners-A.12 and A.13 are remanded to judicial custody on 03.08.2017.
4.
On the other hand, learned Additional Public Prosecutor opposed the grant of bail to the petitioners.
5.
As per the record placed, these petitioners were arrested pursuant to the confession made by A.1, no contraband was seized from their possession. It is alleged that laptops, cell phones, etc., were seized from the possession of the petitioner-A.10. It is alleged against the petitioners A.12 and A.13 that they used to supply ganja to A.1. The petitioner-A.10 is in jail for three months and the petitioners-A.12 and A.13 are remanded to judicial custody on 03.08.2017. Having regard to the nature of allegations and the material collected so far against the petitioners, they can be enlarged on bail. 6.
In the result, the petitioners-A.10, A.12 and A.13 are ordered to be released on bail, on their executing personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for a like sum to the satisfaction of the I Additional District and Sessions Judge, Nellore, SPSR Nellore District. On release, the petitioners-A.10, A.12 and A.13 shall not leave India without permission of the trial Court. The Criminal Petitions are allowed accordingly. As a sequel, miscellaneous petitions, if any, pending in these Criminal Petitions shall stand closed."
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To The I Additional District & Sessions Judge, Nellore, SPSR Nellore District. The V Additional Judicial Magistrate of First Class, Nellore. The Superintendent, Central Jail, Nellore.
The Superintendent, Kavali Sub-Jail, Kavali, SPSR Nellore District. The Station House Officer, Nellore IV Town Police Station, Nellore, SPSR Nellore District.
One CC to Sri K. Chaitanya, Advocate (OPUC) One CC to Sri V. Sivaprasad Reddy, Advocate (OPUC) Two CCs to Public Prosecutor (AP), High Court of Judicature at Hyderabad. (OUT) One spare copy.
- 3 - HIGH COURT Dr.SA,J DATE: 21-11-2017 BAIL ORDER CRLP .Nos. 10433 & 10543 of 2017 DIRECTION
- 4 - HIGH COURT Nnr Date of Drafting: 22-11-2017 Dr.SA,J DATE: 21-11-2017 BAIL ORDER CRLP .Nos. 10433 & 10543 of 2017 DIRECTION