PATHURU NAGA BHUSHANAM vs THE STATE OF ANDHRA PRADESH

THE HON’BLE Ms.

JUSTICE B.S.BHANUMATHI Criminal Petition No.148 of 2023 ORDER: This petition under Section 482 CrPC is filed by the petitioner/A4 seeking to relax the condition imposed vide order, dated 06.12.2022, passed in Crl.M.P.No.512 of 2022 on the file of the Court of the Additional District & Sessions Judge for trial of Red Sanders Smuggling cases, Tirupati.

2.

Heard Ms.

K.

Krishna Deepthi, learned counsel representing Sri V.S.

Venkat, learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the respondent-State.

3.

Learned counsel for the petitioner submitted that the petitioner/A4 is seeking relaxation of the conditions imposed by the learned Additional District Judge to the extent of producing registered deed of conveyance standing in the name of one of the surety who shall have a permanent fixed abode.

She further submitted that the petitioner is prepared to produce two sureties one of whom has a fixed abode.

The petitioner is aggrieved by the condition to produce registered deed of conveyance standing in the name of the surety.

It is further submitted that similar condition has been relaxed by this Court, vide order, dated 29.12.2022, in Criminal Petition No.10223 of 2022 which is filed by A2.

A copy of the said order is also enclosed to the material papers.

2 BSB, J Crl.P.No.148 of 2023 4.

Learned APP submitted that the condition can be relaxed to the extent prayed for.

5.

After examining the record and on hearing the learned counsel for the petitioner, the apprehension of the petitioner that the trial Court is asking for furnishing or depositing the conveyance deed for securing bail is unfounded.

The trial Court just directed the surety to produce the conveyance deed, meaning thereby, it need not be deposited before the Court.

With such clarification, the petition can be disposed of.

6. sed of.

6.

Accordingly, the Criminal Petition is disposed of making it clear that the surety, as directed, is to produce the deed of conveyance and after its verification by the court concerned, the same can be taken back and the same need not be deposited with the trial Court, since it is not the condition imposed.

Pending miscellaneous applications, if any, shall stand closed. _________________ B.

S.

BHANUMATHI, J 02.02.2023 RAR