Rama Kanaka Chittala v. The State Of Andhra Pradesh

HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.24596 OF 2017 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners-A.2 and A.3 in Crime No.300 of 2017 of Tiruvuru Police Station, Krishna District, registered for the offences punishable under Section 420 I.P.C. and Sections 7 and 8 of the Essential Commodities Act.

2.

Heard the learned counsel for the petitioners-A.2 and A.3 and the learned Additional Public Prosecutor appearing for the respondent-State, apart from perusing the material available on record. 3.

Learned counsel for the petitioners-A.2 and A.3 would submit that the petitioners-A.2 and A.3 are innocent persons and they are falsely implicated in this case; the petitioners-A.2 and A.3 have nothing to do with the alleged transportation of PDS rice; and ultimately, prayed to allow the bail application.

4.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioners-A.2 and A.3 under Section 438 Cr.P.C. 5.

The material placed before this Court reveals that on 17.12.2017 during vehicle checking, the police apprehended A.1 while he was transporting PDS rice illegally in a lorry bearing No.AP 20U 4793. On the confession made by A.1-driver of the lorry, it has come to light that the petitioner-A.2 procured the said rice with the help of petitioner-A.3 to sell at high rate illegally. The petitioners-A.2 and A.3 could not file voucher/ receipt to show the purchase of the rice. Admittedly, the petitioners-A.2 and A.3 are not the farmers to produce huge quantity of rice. Under these circumstances, it cannot be said that the petitioners-A.2 and A.3 are

innocent persons. Their release would hinder the investigation. Therefore, the petition is devoid of merits and is liable to be dismissed. 6.

In the result, this Criminal Petition is dismissed. _________________________ Dr. SHAMEEM AKTHER, J Date: 04-01-2018 siva