Chelapateddy Swamy Naidu, v. The State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIFTEENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :
THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 11855 of 2017 Between:- Chelapateddy Swamy Naidu, S/o. Yellayya. ..... Petitioner/Accused. AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana And for the State of Andhra Pradesh.
.....Respondent/Complainant.
Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to release the petitioner/Accused No.2 on bail in NDPS SC.no.108 of 2016 on the file of the I Additional District and Sessions Judge, East Godavari at Rajamahendravaram which arose out of Crime No. 113/2010-11 of Prohibition & Excise Police Station, Pithapuram.
The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Sravan Kumar Naidana, Advocate for the Petitioner and of Addl. Public Prosecutor(AP) on behalf of Respondent-State, the Court made the following ORDER :- "This petition is filed under Section 439 Cr.P.C. to grant bail to the petitioner-A2 for the offence alleged under Section 8 (c) r/w 20 (b) (ii) (c) of NDPS Act.
2.
Heard learned counsel for the petitioner-A2, learned Additional Public Prosecutor representing the State and perused the record. 3.
In the course of submissions made by both sides, it is brought to the notice of this Court that A1 and A3 were acquitted in S.C.No.21 of 2013 on 11.01.2017. As the case of the petitioner-A2 was split up, he was apprehended and remanded to judicial custody. The allegation against the petitioner-A2 is that on seeing the police, he ran away from the scene of offence. 4.
Having regard to the submissions made and the allegations made against the petitioner-A2, the petitioner-A2 can be granted bail under Section 439 Cr.P.C.
5.
In the result, the Criminal Petition is allowed and the petitioner-A2 is ordered to be released on bail on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties each in a like sum to the satisfaction of I Addl. Judl. Magistrate of I Class, Pithapuram. One of the sureties shall be the person having immovable property in the native place of the petitioner-A2."
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The I Additional District and Sessions Judge, East Godavari District At Rajamahendravaram.
2.The I Additional Judicial Magistrate of First Class, Pithapuram, East Godavari District.
3.Station House Officer, Prohibition & Excise Police Station, Pithapuram, East Godavari District.
4.The Superintendent, Central Prison, Rajamahendravaram, East Godavari District. 5.Two CCs to the Public Prosecutor(AP), High Court at Hyd.(OUT) 6.One CC to Sri Sravan Kumar Naidana, Advocate(OPUC) 7.One spare copy.
TKK
HIGH COURT DR.SA.J DT.15-12-2017.
BAIL ORDER CRL.P.No. 11855 of 2017 RELEASE THE PETITONER ON BAIL
DRAFTED BY TKK DT.16-12-2017.
HIGH COURT DR.SA.J DT.15-12-2017.
BAIL ORDER CRL.P.No. 11855 of 2017 RELEASE THE PETITONER ON BAIL.