Allowed

K.Kumar v. the State of Andhra Pradesh

Andhra Pradesh HC8 Feb 2022CRLP/349/2022

Case brief

AI extract

What is this about?

Justice D.Ramesh allowed a criminal petition for pre-arrest bail under Section 438 Cr.P.C. Granted bail to the accused in a liquor selling case pending investigation, based on insufficient connection to the crime, setting conditions for self-bond with sureties.

What did the court decide?

Petitioner granted pre-arrest bail subject to execution of self-bond of Rs.20,000 with two sureties for a like sum.

K.Kumar Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL PETITION No.349 of 2022

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ORDER:

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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/Accused No.6 in the event of his arrest in connection with Crime No.62 of 2021 of Thavanampalle Police Station, Chittoor District for the offence punishable under Sections 270 and 273 of the Indian Penal Code, 1860, under Sections 34(1)(i) r/w 34(a), 9, 11, 14, 15, 42(a) of Andhra Pradesh Excise Amendment Act, 2020 and under Section 24(1) r/w 27 of The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003.

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The present crime is registered against the petitioner on the allegation of his involvement in selling of liquor illegally.

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

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Learned counsel for the petitioner submits that the petitioner is innocent and Police have falsely implicated him in the crime. He submits that only basing on the confession made by A1 wherein he stated that liquor was supplied by the petitioner, petitioner is arrayed as A6 without there being any material to connect the petitioner with the alleged crime, as such petitioner’s case may be considered for grant of pre-arrest bail.

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5. Learned Assistant Public Prosecutor submits that

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investigation is pending and hence he opposed the bail application.

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Considering facts and circumstances of the case as well as the fact that petitioner was added as accused basing on the confession of A1, this Court deems it appropriate to grant prearrest bail to the petitioner.

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Accordingly, this Criminal Petition is allowed. The petitioner/A6 shall be released on bail in the event of his arrest in connection with Crime No.62 of 2021 of Thavanampalle Police Station, Chittoor District 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, Thavanampalle Police Station, Chittoor District.

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______________________ JUSTICE D.RAMESH

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Date: 08.02.2022 SDP

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL PETITION No.349 of 2022

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08-02-2022

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SDP

K.Kumar v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

K.Kumar v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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