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2021 DIGILAW 382 (AP)

Kotta Sriramamurthy v. State of Andhra Pradesh

2021-07-02

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') to grant pre arrest bail to the petitioner/A-1 in the event of his arrest in connection with Crime No.4 of 2021 of Macherla Police Station, Guntur District, for the offences punishable under Sections 34(a) and 50-B (a) of Andhra Pradesh Excise Act (Amendment 2020). 2. On 09.04.2021, on receipt of credible information, SEB Inspector along with his staff and mediators proceeded to Adigoppala village and while checking the vehicles at about 9.00 p.m. one white colour car was coming from Durgi to Adigoppala village, then the police stopped the car and searched the car in the presence of mediators and found liquor bottles in the Dikki of the car, then they arrested the accused No.1 and 2, who transporting the liquor bottles. 3. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioner submits that the petitioner has not committed the offence as alleged and he has falsely implicated in this case and he submits that he is ready to cooperate with the investigation. 5. Learned Additional Public Prosecutor on the other hand submits that except the petitioner, all the other accused were arrested and investigation is in progress. The petitioner is not entitled for pre arrest bail because at the behest of the petitioner, all other accused were transporting liquor illegally. 6. Taking into consideration the role attributed to the petitioner, this Court is not inclined to grant pre-arrest bail to him. But however, the learned counsel for the petitioner submits that the petitioner is ready to surrender before the Court below and move an application seeking bail. On such application if any filed, the Court below shall consider the said application on the same day, in accordance with law. 7. Accordingly, this Criminal Petition is disposed of. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.