Allamsetti Shoban Kumar vs State Of Andhra Pradesh

Cheekati Manavendranath Roy, J

This Criminal Petition under Section 439 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioner on bail.

The petitioner is A-1 in Crime No.16 of 2022 of Chintoor Police Station, East Godavari District.

A case under Sections 8(c) r/w.20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was registered against him alongwith other accused in the above Crime.

It is the case of the prosecution that the petitioner along with other accused were found to be illegally transporting 100 K.Gs. of ganja in a van bearing No.AP 16 TH 7081 and at that time they were apprehended by the police and that the contraband was seized from their possession. Therefore, it is stated that the petitioner has committed the aforesaid offences along with other accused.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.

Learned counsel for the petitioner would submit that the petitioner was arrested on 27.01.2022 and since then he has been languishing in jail and that he suffered from heart attack while he was in judicial custody and that he has also undergone heart surgery. Therefore, he prayed for grant of bail to the petitioner on the aforesaid medical grounds.

Learned Additional Public Prosecutor for the respondent State would fairly concede after seeking instructions in this regard that the petitioner has suffered from heart attack while he was in judicial custody and that he has also undergone heart surgery.

Therefore, considering the said fact that the petitioner is a heart patient and that he has undergone heart surgery, this Court is of the considered view that the petitioner is entitled to bail on certain conditions.

Resultantly, the Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail on execution of a self bond for Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Rampachodavaram. On his release, the petitioner shall report before the Station House Officer of Chintoor Police Station, East Godavari District, once in a month on second day of every succeeding month, until further orders.