Suresh Krishnan, And Others vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

The Criminal Petition Nos.9566 and 10928 of 2025 have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity the BNSS ), seeking to enlarge the Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025 on bail in Crime No.77 of 2025 of Parvathipuram Town Police Station, registered against the Petitioners herein for the offences punishable under Section 20(b)(ii)(C) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity the NDPS Act ).

These two Criminal Petition Nos.9566 and 10928 of 2025 are heard and disposed of by way of this common order, as the petitioners in these two petitions are accused in the same crime.

Heard the learned Counsels for the Petitioners and the learned Assistant Public Prosecutor.

The petitioners/Accused Nos.1 and 4 to 6 were spot arrested while they were in possession and transportation of 46.82 kgs of ganja on 26.04.2025. They have been in judicial custody for the past 185 days. The learned Assistant Public Prosecutor submits that after thorough investigation the charge sheet was filed and it was numbered as NSC No.90 of 2025 within 180 days. The petitioners are permanent residents of Tamilnadu State. They have got fixed abode. The learned Assistant Public Prosecutor submits that there are no similar adverse antecedents reported against the petitioners. It would take considerable time to the learned trial Court to take up the matter for disposal. Until such time, keeping the petitioners in custody for an indefinite period would serve no useful purpose. If certain stringent conditions are imposed, there is no likelihood of their absconding or evading the process of law.

Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025, this Court is inclined to enlarge the Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025 on bail.

In the result, the Criminal Petition Nos.9566 and 10928 of 2025 are allowed with the following stringent conditions:

i. The Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025 shall be enlarged on bail subject to they executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Parvathipuram.

ii. The Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.

iii. The Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

iv. The Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025 shall not commit or indulge in commission of any offence in future.

v. The Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

vi. The Petitioner/Accused Nos.1, 4 and 6 in Crl.P.No.9566 of 2025 and petitioners/accused No.5 in Crl.P.No.10928 of 2025 shall surrender their passport, if any, to the investigating officer. If they claim that they does not have a passport, they shall submit an affidavits to that effect to the Investigating Officer.