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Judgment
V.Srinivas, J
This petition is filed under Section 438 of the Criminal Procedure Code, 1973 seeking to grant anticipatory bail to the petitioners herein/A4& A5 in Crime No.64 of 2024 on the file of the Station House Officer, MolakalacheruvuPolice Station, Annamayya District, registered for the offence punishable under Section 7 read with 8 (b)(i) of A.P.Prohibition Amendment Act, 2023.
Heard Sri Dharani, learned counsel, representing Sri Raja Reddy Koneti, learned counsel for the petitionersand the learned Special Assistant Public Prosecutor appearing for the respondent-State.
The case of the prosecution is that:
On 08.04.2024 at 4.00 p.m. at Gudupalli Cross, Chowdasamudram, Kaluvapalli Road, Molakalluru Mandal A1 to A3 transporting the contraband (illegal liquor)which is packed in cardboard box in their motor cycle bearing No.AP40H4184 and sold 15 cardboard boxes of liquor packets to A4 and A5, and also, sold 10 card board boxes of liquor packets to A6. Then, the police arrested A1, A2 and A6, and ceased 30 cardboard boxes of liquor packets along with Toyotavehicle No.AP 36AY 2322 under the cover of seizure report (Mahazarnama). A3 to A5 absconded from the spot.
Heard. Perused the record.
Learned counsel for the petitioners contends that the case against the petitioners herein is solely based on the confessional statements of co-accused. Except the confessional statement, no other material has been collected by the prosecution to connect the petitioners to the present crime.
Learned Special Assistant Public Prosecutor opposed to grant bail and submitted that investigation is not completed.
The offence in question said to have occurred on 08.04.2024. This Court finds that most of the investigation might have been completed. Except the confessional statement, no other material is placed showing the involvement of the petitioners herein in the commission of offence.
A perusal of material on record shows that the petitioners has permanent abode and there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the accused would not cause hampering of investigation and tampering of evidence, as such this Court is inclined to grant pre-arrest bail to the petitioners herein/A4 and A5.
Accordingly, in the event of their arrest in the above crime number, the petitioners herein/A4 and A5 shall be released on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the arresting police officials and the petitioners shall make themselves available for investigation as and when required and they shall not cause any threat, inducement or promise to the prosecution witnesses.
With the above directions, the Criminal Petition is allowed.
As a sequel, miscellaneous applications pending, if any, in this Criminal Petition shall stand closed.