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2022 DIGILAW 260 (AP)

Illa Srinu v. State of Andhra Pradesh

2022-03-04

CHEEKATI MANAVENDRANATH ROY

body2022
JUDGMENT Cheekati Manavendranath Roy, J. - This criminal petition under Section 438 of Cr.P.C is filed to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is sole accused in Crime No.176/2022 of Special Enforcement Bureau Station, Rajamahendravaram South, Rajamahendravaram Urban District. 3. a case under Section 7-B read with Section 8-B of the andhra Pradesh Prohibition (amendment) act, 2020, was registered against him in the above crime. 4. Briefly stated, it is the case of the prosecution that on 06-02-2022 at about 06.00 p.m., when police reached the scene of offence after receipt of information relating to illegal possession of I.D. liquor that they have noticed one person with a mica bag standing at the scene of offence and that after seeing the police, the said person ran away after leaving the mica bag. Police found 20 litres of I.D. liquor in the said mica bag. It is stated that police came to know on enquiry that the petitioner is the person who ran away from the scene of offence. Therefore, he is shown as accused in the above crime. 5. Heard learned counsel for the petitioner and the learned additional Public Prosecutor for the State. 6. admittedly, the petitioner was not apprehended at the scene of offence while he was in possession of any such I.D. liquor. The person found at the scene of offence ran away. although it is stated that the police have identified the said person as the petitioner herein, there is no valid basis for the said identification. So, the very identity of the person who ran away from the scene of offence is a serious dispute. Therefore, the petitioner is entitled for pre-arrest bail. 7. Resultantly, the criminal petition is allowed and in the event of arrest of the petitioner/sole accused in the above crime, he shall be forthwith released on bail on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer of Special Enforcement Bureau Station, Rajamahendravaram South.