Andhra Pradesh High Court – Amravati
Athyala James vs The State Of Andhra Pradesh on 5 August, 2025
APHC010382212025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
TUESDAY,THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7866/2025
Between:
ATHYALA JAMES, S/O. SAMYUL,(A2) AGED 26 YEARS, OCC
UNEMPLOYED, R/O. D.NO.24, LYYAVU, 4TH STREET, JAFFAR KHAN
PETA, ASHOK NAGAR, CHENNAI-83 TAMILNADU STATE.
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, High
Court at Amaravathi,
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
SHAIK MEERAVALI
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of
the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections
480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity
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Crl.P.No.7866 of 2025
Dated 05.08.2025
‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in
Cr.No.126 of 2025 of Santhapet Police Station, SPSR Nellore District,
registered against the petitioner/Accused No.2 herein for the offences
punishable under Section 8(c) read with 20 (b) (i) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act‘).
2. The case of the prosecution is that on 13.06.2025 at about 11:00
hours, at the western side of Nellore Railway Station motorcycle parking
area, the petitioner along with Accused Nos.1 and 3 were apprehended
while they were in possession of and transporting ganja, under cover of a
mahazarnama. The incident was reported at Santhapeta Police Station on
the same day at about 14:00 hours. The police seized 3.00 kgs of ganja
and Honda Activa scooty from the possession of the petitioner and
Accused Nos.1 and 3 under cover of a mediatornama and registered an
FIR. During the investigation, the accused was apprehended and
remanded on 14.06.2025.
3. Mr. Shaik Meeravali, the learned counsel for the petitioner contends that
the petitioner is innocent of the alleged offence and has been falsely
implicated by the police. It is further submitted that the petitioner is the sole
earning member of the family and, therefore, his continued incarceration
would cause undue hardship to his dependents. The petitioner undertakes to
strictly adhere to any conditions that may be imposed by this Court. In light of
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Dated 05.08.2025
the foregoing, learned counsel prays that the present petition be allowed in the
interest of justice.
4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor
vehemently opposed the grant of bail to the petitioner, submitting that the
investigation is still underway and several material witnesses remain to be
examined. It is contended that if the petitioner is released on bail at this stage,
there is a strong likelihood that he may abscond, thereby hampering the
ongoing investigation and evading the process of law. In view of the foregoing,
it is urged that the petition be dismissed.
5. Heard the learned counsel for the petitioner and the learned Assistant
Public Prosecutor. Perused the record.
6. As seen from the record, the petitioner/Accused No.2 was found in
possession of 1.00 kg of ganja. There are altogether three accused. The
Investigating Officer found 1.00 kg of ganja in the possession of each of the
accused. The petitioner was arrested on 14.06.2025 and he has been in
judicial custody for the past 52 days.
7. Considering the period of detention undergone by the
petitioner/Accused No.2 in judicial custody for the past 52 days, the nature
and gravity of allegation levelled against the petitioner, and his alleged role
played in this case, this Court is inclined to enlarge the petitioner on bail with
the following stringent conditions:
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Crl.P.No.7866 of 2025
Dated 05.08.2025i. The petitioner/Accused No.2 shall be enlarged on bail subject
to he executing a personal bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only), with two sureties each for the like
sum each to the satisfaction of the learned Special Mobile
Judicial Magistrate of First Class, Nellore, SPSR Nellore District.
ii. The petitioner/Accused No.2 shall appear before the Station
House Officer, Santhapet Police Station, SPSR Nellore District,
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 No.2 shall not leave the limits of the
District without prior permission from the Station House Officer
concerned.
iv. The petitioner/Accused No.2 shall not commit or indulge in
commission of any offence in future.
v. The petitioner/Accused No.2 shall cooperate with the
investigating officer in further investigation of the case and shall
make himself available for interrogation by the investigating
officer as and when required.
vi. The petitioner/Accused No.2 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.
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Crl.P.No.7866 of 2025
Dated 05.08.2025vii. The petitioner/Accused No.2 shall surrender his passport, if
any, to the investigating officer. If he claims that he does not
have a passport, he shall submit an affidavit to that effect to the
Investigating Officer.
8. Accordingly, the Criminal Petition is allowed.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 05.08.2025
RSI
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Dr. YLR, J
Crl.P.No.7866 of 2025
Dated 05.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7866 of 2025
Date: 05.08.2025
RSI