Yuvaraja Chinnaswamy, Vs The State of Andhra Pradesh

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[3327]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE THIRD DAY OF JULY TWO THOUS|AND AND TWENTY FIVE

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:PRESENT:

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THE HONOURABLE SRi JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5117 OF 2025

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Between :

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Yuvaraja Chinnaswamy, S/o. Chi.nnaswamy Otchadevar, aged about 28 years, R/o. Poosaripatti Village, Mallanampatti Post, Nillakkottai Taluk, Dindigal District, Tamil Nadu State.

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Petitioner/Accused-1

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AND

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The State ofAndhra Pradesh, R`ep-lby its Public Prosecutor, High Court of Andhra Pradesh.

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Respondent/Complainant petition under sections 439 (1) of Cr.P.C, (New Sections 483 (1) of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the''High Court may be pleased to modify the order passed by the Hon'ble Metropolitan Sessions Judge-Gum-I AddI. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI,M.P. No.,862/2025 in Cr. No. 183/2024 dated 17.04.2025 by considering the situation of the Petitioner/Accused No.1 as {lpetitioner/Accused No.1 to be-released on bail on executing a self bond for Rs.10,000/-(Rupees Ten Thousand only) with single surety for a like sum to the satisfaction of HonJble Metropolitan Sessions Judge-Gum-I Add[. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act; Visakhapatnam instead of [[Petitioner/Accused No.1 to be released on bail on executing a self bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of Hon'ble Xll AddI. Judicial Magistrate of First Class, AnakapaI]i and permit the Petitioner/Accused No.1 to deposit the surety bond amount of Rs.10,000/-with single surety instead of Rs.50,000/-with two sureties.

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COUNSEL FOR THE PETITIONER : Sri Gollapalli Maheswara Rao COUNSEL FOR THE RESPONDENT : Public Prosecutor

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THE COURT MADE THE FOLLOWING ORDER

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APHCO10242732025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3327]

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(Special Original Jurisdiction)

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THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND A.ND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL PETITION NO.-5117/2025

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Between :

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YUVARAJA CH INNASWAMYH S/O. CH I NNASWAMY OTCHADEVAR, AGED ABOUT 28 YEARS, R/O. poosARIPATTI VILLAGE, MALLANAMPATTI POST, NILLAKKOTTAI TALUK, DINDIGAL DISTRICT, TAMIL NADU STATE.

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u.PETITIONER/ACCUSED

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AND

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1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court ofAndhra Pradesh.

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.URESPONDENT/COMPLAINANT

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Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to modify the order passed by the HonJble Metropolitan Sessions Judge-Gum-I Addl. District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in Crl.M.P. No.862/2025 in Cr. No. 183/2024 dated 17.04.2025 by considering the situation of the Petitioner/Accused No.1 as I{Petitioner/Accused No.1 to be released on bail on executing a self bond for Rs.10,000/-(Rupees Ten Thousand only) with single surety for a like sum to the satisfaction of Hon'ble Metropolitan Sessions Judge-Gum-I Addl. District & Sessions Judge - special Judge for Trial of Offences under NDPS Act, Visakhapatnam

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_ I.Il

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2

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I-nStead Of [tPetitioner/Accused No.1 to be released on bail on executing a self bond for Rs.50,009/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of Hon'ble XII Addl. Judicial MagI'Strate of First Class, Anakapalle and permit the petitioner/Accused No.1 to deposit the surety bond amount of Rs. 10,000/-with single surety instead of Rs.50,000/-with two sureties

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Counsel for the petitioner/accused.-

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GOLLAPALLI MAHESWARA RAO

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Counsel for the Respondent/complainant:

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PUBLIC PROSECUTOR .

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The Court made the following:

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ORDER|I_

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The CrI'minal Petition is filed on behalf of the petitioner herein/Al to modify the order dated 17.4.2025 in CrI.M.P.No.862 of 2025 passed by the learned Metropolitan Sessions Judge-Gum-special Judge for Trial of Offences under the NDPS Act, Visakhapatnam.

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Heardandperusedtherecord.

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The petitioner herein filed a petition for grant of regular bal-I in Crime No.183/2024 of Kasl'mkota police Station. By an order, dated 17.4.2025, the learned MetropolI|tan Sessions Judge-Gum-special Judge for Trial of Offences under the-NDPS Act, Visakhapatnam allowed the said pe{i{ion by imposing certain conditI'OnS. AggrI'eVed by the said condI'tiOnS imposed by the learned Sessions Judge, the

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Petitioner herein filed the present Criminal petition to modify the conditI-OnS imposed at the time of granting bail.

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It is submitted that despite grant of bail on 17.4.2025 by the learned Special Judge, the petitioner could not furnish sureties for Rs.50,000/- with two sureties to the satisfaction of the learned XII Additional Judicial Magistrate of First class, Anakapalle. He further contends that the petitioner belongs to a poor family and eking out his livelihood by doing coolie work and due to the said reasons, the Petitioner iS unable to furnish the sureties for Rs.50,000/-, and though bail was granted on 17.4.2025, the petitioner could not furnish the sureties and I-S languishing in jail. ln the said facts of the case, Petitioner requests to consider his case on humanitarian grounds,

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ln view of the aforesaid facts and circumstances of the case, this Court is incll'ned to modify the condition imposed in the order dated 17.4.2025 in Crl.M.P.No.862/2025 passed by the learned Special Judge-

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ln the result, the Criminal Petition is allowed and the petitI-Oner herein shall be released on bail on his execution of personal bond for Rs.10,000/-(Rupees ten thousand only) wI'th two Sureties each for the like sum each to the satisfactl'on of the learned xll Additional Judicial Magistrate of First class, Anakapalle. It is hereby made clear that the other condl-lions imposed by the court below shall remain same.

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Miscellaneous applications, pending if any, shall stand closed.

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i; SD/-M.SRINIVAS

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To,

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