ORDER:

This Criminal Petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner/A-1 in Crime No.307 of 2020, dated 19.06.2020 of Kadiyam Police Station, Rajamahendravaram registered for the offences punishable under Sections 7-A r/w 8(e) of A.P. Prohibition Act,1995.

2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State.

3. The case of the prosecution is that on 19.06.2020, Sub-Inspector of Police and staff, on receipt of credible information, conducted a raid and arrested the petitioner as they found her in possession and transportation of 5 liters of ID liquor which was brought by her from A-2 and seized the same under the cover of occurrence report. After arrest of the petitioner, she was issued notice under Section 41A Cr.P.C., however it was later noticed that the said provisions were amended even before the date of registration of the crime due to which the period of punishment provided has been increased to eight (8) years and therefore Section 41A Cr.P.C. is not applicable. He further submitted that the petitioner has not committed any offence and that the investigation is also defective as no mediator was present at the time of the alleged seizure. He further submitted that charge sheet was also filed but the same was returned.

4. The learned Assistant Public Prosecutor submitted that the charge sheet filed was returned as Section 41A Cr.P.C.is not applicable. He further stated that CRLP No.1631 of 22002233 :APHC:8025 the petitioner is involved in another case in Crime No.204 of 2021 for the same offence registered by the same police station.

5. Perused the record.

6. Though the police stated that they have prior information, no step has been taken to get the presence of the mediators. Further initially the petitioner was given benefit under Section 41A Cr.P.C. but due to the amendment which came just and a few days before registration of this crime, the same has not been noticed, it seems, and the charge sheet was also filed. However, she is involved in another crime of the same nature subsequent to the registration of this crime. However in view of weak type of evidence available in this case and the investigation is also competed and the petitioner is a woman, this petition is allowed.

7. In the result, the criminal petition is allowed. The petitioner/A-1 (Nichnakolla Venkata Ramana @ Seenamma wrongly printed as Seenayya) is directed to be released on bail in the event of her arrest in Crime No.307 of 2020, dated 19.06.2020 of Kadiyam Police Station, Rajamahendravaram registered for the offences punishable under Sections 7-A r/w 8(e) of A.P. Prohibition Act,1995, on furnishing her personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for the like sum to the satisfaction of the Station House Officer, Kadiyam Police Station, Rajamahendravaram and subject to complying the following conditions:

(i) the petitioner shall be available for investigation as and when required by the Investigating Officer;

CRLP No.1631 of 22002233 :APHC:8025 (ii) the petitioner 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 from disclosing such facts to the Court or to any Investigating Officer;

(iii) the petitioner shall not leave the jurisdiction of the Court without the previous permission of the S.H.O. concerned until further orders or till charge sheet is filed whichever is earlier;

Pending miscellaneous petitions, if any, shall stand closed.

________________ B.S.BHANUMATHI, J Dt.20.03.2023 PNV