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2022 DIGILAW 408 (AP)

Venkara Srinu v. State of Andhra Pradesh

2022-04-13

CHEEKATI MANAVENDRANATH ROY

body2022
JUDGMENT Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is the sole accused in Crime No.697 of 2021 of Special Enforcement Bureau Station, Korukonda, East Godavari District. 3. a case under Section 7(B) r/w 8(B) of the a.P. Prohibition act was registered against the petitioner in the above crime. 4. as per the prosecution version, when the police were conducting raids to detect the prohibition offences that they saw one person with one mica bag at the scene of offence and the said person ran away after seeing the police and he left the said mica bag at the scene of offence. Police found 90 liters of I.D. liquor in the said mica bag. It is stated that the police have identified the said person who ran away as the petitioner herein. Therefore, the petitioner is shown as accused in the above crime. 5. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the State. 6. admittedly, the petitioner was not apprehended at the scene of offence and he was not found to be in possession of any such contraband. The person, who was 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. Therefore, the very identity of the person, who ran away from the scene of offence, is in serious dispute. Therefore, the petitioner is entitled for pre-arrest bail. 7. Resultantly, this Criminal Petition is allowed. In the event of arrest of the petitioner 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, Korukonda. On his release, the petitioner shall report before the Station House Officer of Special Enforcement Bureau Station, Korukonda, once in a week on every Friday between 10-00 a.M. and 1-00 P.M. till the charge sheet is filed in this case.