Vanthala Ramu v. State Of A.P
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SECOND DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 12323 of 2017 Between:
Vanthala Ramu, S/o. Gasi Petitioner/Accused No.6 AND State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Judicature at Hyderabad, through Station House Officer, Chintoor P.S., East Godavari District. 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 pass an order by enlarging the petitioner herein on bail in Crime No. 24/2017 of Chintoor P.S., East Godavari District in the interests of justice. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Chandra Sekhar Ilapakurti, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This petition is filed under Section 439 Cr.P.C. to grant bail to the petitioner-A6 for the offence alleged under Section 8 (c) r/w 20 (b) (ii) (c) of N.D.P.S. Act, 1985.
2.
Heard learned counsel for the petitioner-A6, learned Additional Public Prosecutor representing the State and perused the record. 3.
Learned counsel for the petitioner-A6 would submit that the petitioner-A6 is an innocent person and falsely implicated in this case. The petitioner-A6 has nothing to do with the alleged seizure of ganja from the possession of A1 to A4, weighing 140 Kgs. The petitioner-A6 is implicated in pursuance of the confession made by the accused. It is alleged that this petitioner-A6 and another accused sold ganja to A1 to A4, this petitioner-A6 was granted bail in Cr.No.23 of 2017 of Chintoor Police Station, East Godavari District, as per orders of this Court, dated 04.12.2017 in Crl.P.No.11679 of 2017 and ultimately prayed to allow the application.
4.
On the other hand, learned Additional Public Prosecutor opposed the grant of bail to the petitioner-A6 contending that the petitioner-A6 indulged in supply of ganja.
5.
As seen from the record, no ganja was seized from the possession of the petitioner-A6. The allegation is that he along with A5 supplied ganja to A1 to A4.
The allegations are required to be proved against the petitioner-A6 in the course of trial.
6.
Having regard to the nature of allegations and the material collected so far, the petitioner-A6 can be granted bail under Section 439 Cr.P.C. on some conditions.
7.
In the result, the petitioner-A6 is ordered to be released on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each in a like sum to the satisfaction of Judl. Magistrate of I Class, Rampachodavaram, East Godavari District. On release, the petitioner-A6 shall attend before the S.H.O. concerned on every Sunday between 9.00 A.M. and 10.00 A.M. for a period of three months from the date of this order.
..2..
8.
Accordingly, the Criminal Petition is allowed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The I Additional District and Sessions Judge, East Godavari District at Rajamahendravaram.
2. The Judicial First Class Magistrate, Rampachodavaram, E.G.District.
3. The Superintendent, Central Prison, Rajamahendravaram.
4. The SHO, Chintoor Police Station, E.G.District.
5. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
6. One CC to Sri Chnadra Sekhar Ilapakurti, Advocate(OPUC)
7. One spare copy.
SAH
HIGH COURT Dr.SAJ DATED: 02-01-2018
ORDER
CRL.P.NO. 12323 OF 2017 BAIL GRANTED
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 04-01-2018 HIGH COURT Dr.SAJ DATED: 02-01-2018
ORDER
CRL.P.NO. 12323 OF 2017 BAIL GRANTED