Tenugu Pandu v. The State Of A.P Rep By Its P.P

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 No. 24729 of 2017 Between:

1. Tenugu Pandu, S/o. Narsimlu

2. Sindole Sangareddy, S/o. Peera Reddy Petitioners (Accused 5 & 6 in Cr.No.54/2017 of Maredumilli P.S.) AND The State of Andhra Pradesh, through SHO, Maredumilli Police Station, rep by its Public Prosecutor, High Court at 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 petitioners/Accused 5 & 6 (Tenugu Pandu) and (Sindole Sangareddy) in crime No. 54 of 2017 of Maredumilli Police Station, in the interest of justice. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri P.Shashi Kiran, Advocate for the Petitioners and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This Criminal Petition is filed seeking for grant of bail to the petitioners, who are accused Nos.5 and 6 in Crime No.54 of 2017 on the file of Maredumilli Police Station.

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. 4.

Learned counsel for the petitioners submits that no contraband was seized from the petitioners and they are only drivers of the vehicle in which the contraband was being transported. Learned Public Prosecutor also does not refute the said contention.

5.

Hence, it cannot be said that these petitioners would be hit by the hurdles adumbrated in Section 37 of the Act, as they are not directly involved in possession of the ganza. The consideration for transporting the ganza might be to make some profit.

6.

Hence, considering the above and also that the petitioners are in jail since 01.09.2017, the Criminal Petition is allowed. Accordingly, the petitioners/accused Nos.5 and 6 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 I Additional District and Sessions Judge, East Godavari at Rajamahendravaram, East Godavari district. Further, the petitioners/accused Nos.5 and 6 are directed to appear before the Station House Officer, Maredumilli Police Station, twice in a week i.e., on every Tuesday and Thursday in between 09:00 and 12:00 a.m.

..2..

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, East Godavari at Rajamahendravaram.

2. The Superintendent, Central Prison, Rajahmundry, E.G.District.

3. The SHO, Maredumilli Police Station, E.G.District.

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

5. One CC to Sri P.Shashi Kiran, Advocate(OPUC)

6. One spare copy.

SAH

HIGH COURT TRJ DATED: 18-01-2018

ORDER

CRL.P.NO. 24729 OF 2017 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

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

ORDER

CRL.P.NO. 24729 OF 2017 BAIL GRANTED