Bhurthi Suresh vs State Of Andhra Pradesh

K. Sreenivasa Reddy, J

1) This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/Accused No.2, seeking regular bail, in Crime No.49 of 2022 of Maredimilli Police Station, East Godavari District.

2) A case has been registered against the petitioner and others for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances

3) Brief facts of the case are that, on 06.06.2022 at 04.00 p.m., at G.M.Valasa Junction, Maredumilli outskirts, Maredumili, A1 and A2 were arrested while they were transporting 192 Kgs of Ganja in 8 white colour plastic bags and also one brown colour Ganja packet covered by newspaper containing 2 Kgs in total 194 Kgs from Chitrakonda, Odisha State of Maharastra via Jaggampeta of Kakinada District in an Innova Car bearing No.AP31 TH 7272 and Unicorn Motor cycle bearing No.AP39 JZ 8815. The contraband along with vehicles and other material was seized under a cover of mediators report and accused were arrested.

4) Heard. Perused the record.

5) The petitioner was arrested on 06.06.2022 and since then he is in judicial remand. The statutory period of 180 days has been completed and till today no charge sheet is filed. The learned Special Assistant Public Prosecutor submitted that police have not filed any extension petition though the charge sheet has not been filed.

6) In view of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Accused No.2, on the following conditions.

(i) The petitioner/Accused No.2 shall be released on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Rampachodavaram, East Godavari District.

(ii) On release, the petitioner shall appear before the Station House Officer, Maredimilli Police Station, East Godavari District, once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet.

(iii) The petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation.

It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

7) Accordingly, the Criminal Petition is allowed.