Allowed

Kunjum Kamesh Dora v. State of Andhra Pradesh

Andhra Pradesh HC10 Mar 2023CRLP/1486/2023

Case brief

AI extract

What is this about?

The High Court granted regular bail to two accused persons charged with possessing ganja under the NDPS Act. The court held that further detention would not aid the prosecution after the investigation was completed, subject to standard bail conditions.

What did the court decide?

Bail granted on execution of personal bond of Rs. 25,000 each with two sureties and compliance with court orders regarding witness contact and investigation.

Kunjum Kamesh Dora Vs State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2023)

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lN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI /

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FRIDAY ,THE TENTH DAY OF MARCH 7

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ll^/O THOUSAND AND ll^/ENTY THREE /

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: PRESENT:

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY /

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CRIMINAL PETITION NO: 1486 OF 2023 /

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Between:

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Kunjum Kamesh Dora, S/o Kannayamma @ Vekanna Dora, 24Years, ST Koyadora, Paderu (Village and Mandal), N/o Kotthada Village & (P) Gangavaram (M) ASR Dist.

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Pa'asi Rajesh, S/o late Devi Naidu, 22years, ST bagatha, Pedda Kuntharia (V) and (P) Pedabayalu(M), ASR Dist.

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/ ...Petitioners/Accused No.6 & 7

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AND

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The State of Andhra Pradesh, Rep. by its Public prosecutor, High Court of Andhra Pradesh at Amaravati

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...Respondent

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Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the Memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused No. 6 and 7 on bail in ; connection with Crime No. 59 of 2022, on the file of Pedabayalu Police Station, AIIuri Sitharama Raju District.

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The Petition coming on for hearing, upon perusing the Petition and the Memorandum of grounds filed in supportthereofand upon hearing the arguments of , SRI K K KOMALAN Advocate for the Petitioners, PUBLIC PROSECUTORl for the Respondent I The Court made the following.

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HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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Qrdff :

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This Crim|lnal Petition, under Sect-tons 437 and 439 of cr.p.c., has been filled by the petit|loners/Accused Nos.6 and 7, seeking regular bail, -ln Crime No.59 of 2022 of Pedabayalu police station, Alluri Seetharamaraju D|lstr-lct.

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A case has been reg-lStered aga.lnSt the Pet-ltiOnerS herein and others for the offences punishable under sections 20(b)(ii)(C) read With 25 and 8(c) Of the Narcotic Drugs and psychotrop-IC Substan,I_eS Act, 1985 (for Short the NDPS Act).

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Case Of the PrOSeCtUtiOn.ln that, On 08.09.2022 at about 14.00 hours, On Credible 'lnfOrmatiOn, the ASI-1185, Pedabayalu police station, along w'lth his Staff and mediators, Proceeded tO sampangiputu culvert at AdugulaPuttu and Seethagunta panchayat borders, pedabayalu Mandal, and While COnduCtilng vehicle check, found the pet-ltioners herein and others in possession of 271.5 Kgs of Ganja. The POliCe Se.lZed the contraband along wit.h Veh'lCleS and Other material under cover

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of a mediators report and a case has been registered against

the accused.

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Heard. perusedthe record.

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The petitioners were arrested on o8,09.2022 and since

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then they are in judicial remand, Major I,OrtI'On Of investigation is completed. Detaining the petitioners further would not improve the case of the prosecution.

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In view of the facts and circumstances of the case, this

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court is jncljned to grant bail to the petitioners/Accused No.6 and 7, on the following conditions.

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(i) The petitioners/Accused No.6 alld 7 shall be released on executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial MElgl'Strate of First class, Paderu. , I.

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(I'j) On release, the petitioners shall appear before the station House Officer, concerned, once in a week i.e. on every sunday between 10.00 a.m. and o5100 p.m., till filing of the charge sheet.

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(iii) The petitioners shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt sha" be construed as an attempt of influencing the

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a-`

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ugx-

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witnesses and shall lnot tamper evidence and Shall CO-operate

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with the investigation.

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It is made clear that the,Petitioners Shall scrupulously

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comply with the abt,ve conditions and breach of any of the

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above conditions will be viewed seriously and prosecution is at

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liberty to move an application for cancellat|lon of the bail.

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Accord|lngly, the Criminal Petition is allowedI

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sD/-K.I. RA`JA BABIJ

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//TRUE COPY//

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For Sri,CTION OFFICER

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ToI /

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The Judicial First Class Magistrate, Paderu, Visakhapatnam District

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The Metropolitan Sessions Judge-Gum-I Additional District & Sessions Judge- f~ Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam

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The Superintendent, Central Prison, Visakhapatnam

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The Station House Officer, Pedabayalu Police Station, Paderu, J

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Visakhapatnam District ,-

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One CC to SRl. K K KOMALAN Advocate [OPUC]

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Two cos to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh [OUT]

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/37,

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Onesparecopy

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HI.GH COURT

SRK,J

DATE D : 10/03/2023

BAIL ORDER

CRLP.No.1486 of 2O23

ALLOWED

Kunjum Kamesh Dora v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kunjum Kamesh Dora v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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