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High Court for State of TelanganaCRLP/12782/2017allowed no costs

Kottiaiyan Jayasurya v. The State Of A.P.,

2018-01-18T. Rajani4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE EIGHTEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION Nos. 12782 & 12790 of 2017 Crl.P.No. 12782 of 2017:

Between:

Kottiaiyan Jayasurya, S/o. Kottiaiyan Petitioner/Accused No.3 AND The State of Andhra Pradesh, rep .by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana and the State of Andhra Pradesh, Hyderabad. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on Regular Bail in SC.No. 207 of 2017 on the file of I Addl. District & Sessions Judge, Rajamahendravaram, East Godavari District and release the Petitioner/Accused No.3 on such terms and conditions. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri P.Ramchander, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent. Crl.P.No. 12790 of 2017:

Between:

Manikandan Satish, S/o. Manikandan Petitioner/Accused No.2 AND The State of Andhra Pradesh, rep .by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana and the State of Andhra Pradesh, Hyderabad. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the Petitioner/Accused No.2 on Regular Bail in SC.No. 207 of 2017 on the file of I Addl. District & Sessions Judge, Rajamahendravaram, East Godavari District and release the Petitioner/Accused No.2 on such terms and conditions. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri T.R.K.S.Srinivas, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" These Criminal Petitions are filed seeking for grant of bail to the petitioners, who are accused Nos.3 and 2 respectively in Sessions Case No.207 of 2017 on the file of I Additional District and Sessions Judge, Rajamahendravaram, East Godavari district.

2.

The offences alleged are under Section 8(c) R/w.20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'). 3.

Heard the learned counsel for the petitioners, learned Public Prosecutor appearing for the respondent-State, and perused the record.

..2..

4.

Learned counsel for the petitioners submits that accused No.1 was already enlarged on bail by virtue of the orders of this Court in Criminal Petition No.12307 of 2017 and that the case of the petitioners stands on the same footing. Learned Public Prosecutor also does not refute the said contention. 5.

Hence, considering the said fact, the Criminal Petition is allowed. Accordingly, the petitioners/accused Nos.2 and 3 are directed to be enlarged on bail, on condition of their executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the II Metropolitan Magistrate for Railways, Vijayawada, Krishna district. However, considering the contention of learned Public Prosecutor that the petitioner/A.3 hails from Tamil Nadu and the petitioner/A.2 hails from Kerala, one surety of the petitioners shall be that of the blood relative or a Government employee having immovable property in their native village. As a sequel, the miscellaneous applications, if any pending, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The I Additional District and Sessions Judge, Rajamahendravaram, E.G.District.

2. The II Metropolitan Magistrate for Railways, Vijayawada, Krishna District.

3. The Superintendent, District Jail, Vijayawada, Krishna District.

4. The Sub-Inspector of Police, Railway Police Station, Samalkot, E.G.District.

5. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

6. One CC to Sri P.Ramchander, Advocate(OPUC)

7. One CC to Sri T.R.K.S.Srinivas, Advocate(OPUC)

8. One spare copy.

SAH

HIGH COURT TRJ DATED: 18-01-2018

ORDER

CRL.P.NOS. 12782 & 12790 OF 2017 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 19-01-2018 HIGH COURT TRJ DATED: 18-01-2018

ORDER

CRL.P.NOS. 12782 & 12790 OF 2017 BAIL GRANTED