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Judgment
D. Ramesh, J
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioner/A-2 in the event of his arrest in connection with Crime No.1203 of 2021 of Special Enforcement Bureau Station, Rajamahendravaram South for the offences punishable under Section 7(B) r/w 8(B) of Andhra Pradesh Prohibition (Amendment) Act, 2020.
The case of the prosecution in brief is that on 17.09.2021 the Sub-Inspector, Rajamahendravaram South along with staff conducted raids of prohibition offences and at the road margin chowk in Settibalija street, Chakakradwara bandham village of Rajanagaram mandal, they found one person standing with mica bag in his right hand. On suspicion, when the department persons questioned her, she revealed the mica bag containing I.D. Liquor. On verification, the mica bag contained 20 litres of I.D. Liquor in polythene covers, each cover containing 05 litres of ID Liquor with strong smell. The person revealed that, she has secured the said bag from the petitioner. The officials seized the same and registered the present case.
Heard Sri I. Balasubramanyam, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
Learned counsel for the petitioner submits that the petitioner is a vegetable vendor. He roams around the Rajanagaram Mandal on bicycle to sell vegetables and he is the sole bread winner of his family. He further submits that he is not a habitual offender and unconnected with the alleged offences and thereby he is implicated in this case. Hence, his case may be considered for grant of pre arrest bail.
On the other hand, learned Assistant Public Prosecutor opposed for grant of bail.
In view of the facts and circumstances of the case and considering the submissions of both the learned counsel and on a perusal of the material record, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
Accordingly, this Criminal Petition is allowed. The petitioner/ A-2 shall be released on bail in the event of arrest in connection with Crime No.1203 of 2021 of Special Enforcement Bureau Station, Rajamahendravaram South on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Police Station South, Rajamahendravaram, East Godavari District.
Consequently, miscellaneous applications pending, if any, shall stand closed.