High Court for State of TelanganaCRLP/12553/2017partly allowed no costs

Krishna Kemunda v. The State Of A.P

2017-12-26T. Rajani3 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY SIXTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :

THE HONOURABLE SMT JUSTICE T. RAJANI CRLP .No. 12553 of 2017 Between:- 1.Krishna Kemunda, S/o. Hari Kemundam 2.Dhanu Mutyam, S/o. Dabru Mutyam. ..... Petitioners/Accused Nos.4 & 5. AND The State of A.P., rep. by its Public Prosecutor, High Court Buildings, Hyderabad.

.....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 grant the regular bail to the petitioners/Accused Nos. 4 and 5 in the F.I.R.No. vide Crime No. 58 of 2017 of P.S. L. Kota, Vizianagaram District. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri V. Varaprasada Rao, Advocate for the Petitioners and of Public Prosecutor(AP) on behalf of RespondentState, the Court made the following ORDER :- "This Criminal Petition is filed by the petitioners/A-4 and A-5 under section 437 and 439 of Cr.P.C., seeking to enlarge them on bail in Crime No. 58 of 2017 of L. Kota Police Station, Vizianagaram district, registered for the offences under section 8 [c] read with Section 20 [b] of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondent/State.

3. The counsel for the petitioners submit that these petitioners are no way concerned with the offence and that they were only carried in the vehicle, because of the plan of other accused in order to screen themselves from the police, as if many people travel in the vehicle and there may not be any suspicion. Though the contraband involved is 22 packets of ganja, considering the submission of learned counsel for the petitioners that the petitioners are in jail since 27/06.2017 and keeping in view the role of the petitioners, this Criminal Petition is allowed.

4. Accordingly, the petitioners/A-4 and A5 shall be released on bail in Crime No. 58 of 2017 of L. Kota Police Station, Vizianagaram district, on their executing a personal bond of Rs.20,000=00 (Rs. Twenty Thousand only) with two sureties for the like sum each to the satisfaction of Judicial Magistrate of First Class, Kothavalasa, Vizianagaram district.

5. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The I Additional District and Sessions Judge, Vizianagaram. 2.The Judicial Magistrate of First Class, Kothavalasa, Vizianagaram District. 3.Station House Officer, L. Kota Police Station, Vizianagaram District. 4.The Superintendent, Sub-Jail, Vizianagaram. 5.Two CCs to the Public Prosecutor(AP), High Court at Hyd.(OUT) 6.One CC to Sri V. Varaprasada Rao, Advocate(OPUC) 7.One spare copy.

TKK

HIGH COURT TR.J DT.26-12-2017.

BAIL ORDER CRL.P.No. 12553 of 2017 RELEASE THE PETITONERS ON BAIL

DRAFTED BY TKK DT.30-12-2017.

HIGH COURT TR.J DT.26-12-2017.

BAIL ORDER CRL.P.No. 12553 of 2017 RELEASE THE PETITONERS ON BAIL.