THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.962 OF 2022

ORDER:-

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.

The petitioner is the sole accused in Crime No.55 of 2022 of

Special Enforcement Bureau Station, Rajamahendravaram North,

East Godavari District. A case under Section 7(B) r/w 8(A) of the

A.P. Prohibition Act was registered against the petitioner in the

above crime.

It is the case of the prosecution that on receipt of reliable

information relating to manufacturing of illicit liquor that when the

police reached the scene of offence that one person who was

stirring in the drum with his hand saw the police and he ran away

from the said place. Police found 2400 liters of F.J. Wash in the

said drums. On inquiry from the local people, police came to know

that the petitioner herein is the person who ran away from the

scene of offence. Therefore, he is shown as accused in the above

crime.

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

Admittedly, the petitioner was not apprehended at the scene

of offence while he was manufacturing illicit liquor. The person,

who was found at the scene of offence, ran away. It is stated that

as per the inquiry made from the local people that the police have

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identified the said person who ran away as the petitioner herein.

The said identification has no valid basis. Therefore, the very

identity of the person who ran away from the scene of offence is in

serious dispute. So, in the said facts and circumstances of the

case, the petitioner is entitled for pre-arrest bail on certain

conditions.

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, Rajamahendravaram North. On his release, the

petitioner shall report before the Station House Officer of Special

Enforcement Bureau Station, Rajamahendravaram North, daily

between 10-00 A.M. to 1-00 P.M. till the charge sheet is filed in

this case.

________________________________________________

JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 23-02-2022

AKN

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.962 OF 2022

Date: 23-02-2022

AKN