M Subrahmanyam vs The State Of Andhra Pradesh
2022 Latest Caselaw 7447 AP

     THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

               CRIMINAL PETITION NO.7517 OF 2022

ORDER:

This Criminal Petition is filed under Section 438 of the Criminal

Procedure Code ('Cr.P.C.' in short), seeking pre-arrest bail, by the

petitioner/A2 in Crime No.166 of 2022 of Special Enforcement

Bureau Station, Bapatla, Bapatla District, registered for the offence

punishable under Section 7(a) read with 8(e) of the Andhra Pradesh

Prohibition (Amendment) Act, 2020.

2. The case of the prosecution, in brief, is that on 14.05.2022, on

reliable information, SEB C.I., along with staff and mediators, reached

a dilapidated house at the outskirts of 6th Gang of Stuvartupuram,

Bapatla Mandal and found one person mixing FJ wash. The said

person, on finding the men in uniform, escaped from the scene of

offence by jumping the compound wall. Then, on enquiry, the

mediators revealed that the escaped person is A1. Later, SEB C.I.,

found 12 drums containing FJ wash of 2025 liters. Subsequently,

when A1 was apprehended by the Police, he confessed that the

purchased jagerry from A2. Hence, the above crime was registered

against the petitioner and another.

3. Heard Ms. Ayesha Azma, learned counsel, representing Sri V.

Nitesh, learned counsel for the petitioner and Sri Sravan Kumar

Naidana, learned Special Assistant Public Prosecutor for the

respondent-State.

4. Learned counsel for the petitioner, in elaboration to what has

been raised in the grounds, contended that the petitioner has been

falsely implicated in the present crime, after four months of its

registration, basing on the confession statement of A1. She draw the

attention of this Court to the Mediators Report where A1 referred the

petitioner's name by stating that he has purchased jaggery from the

shop belongs to Subrahmanyam, who is the petitioner herein. Learned

counsel for the petitioner submitted that the petitioner is not having

any jaggery shop and it is not known why A1 has referred petitioner's

name. It is submitted that now the petitioner is apprehending arrest in

the hands of the Police. As the petitioner is the sole bread winner of

his family, in the event if the petitioner is arrested, his family will be

put to great hardship and his reputation in the society and in the family

circles will be affected. Further, it is stated that the petitioner would

abide by any conditions that may be imposed by this Court while

granting bail and further, he will co-operate with the investigation.

Hence, prayed to grant pre-arrest bail to the petitioner.

5. On the other hand learned Special Assistant Public Prosecutor

though fairly conceded that there are no criminal antecedents against

the petitioner and though confession statement is a weak piece of

evidence, it cannot be taken into consideration at this stage and

contended that in the event if the petitioner is enlarged on bail, he

may not co-operate with the investigation. Hence, prayed for dismissal

of the petition.

6. On perusal of the material available on record prima facie it is

evident that the petitioner was implicated in the present crime on the

basis of the confession statement of A1. In Bullu Das Vs. State of

Bihar1 , while dealing with the confessional statements made by the

accused persons before a police officer, the Supreme Court held as

under:

"7. The confessional statement, Ex. 5, stated to have been made by the appellant was before the police officer in charge of the Godda Town Police Station where the offence was registered in respect of the murder of Kusum Devi. The FIR was registered at the police station on 8-8-1995 at about 12.30 p.m. On 9-8-1995, it was after the appellant was arrested and brought before Rakesh Kumar that he recorded the confessional statement of the appellant. Surprisingly, no objection was taken by the defence for admitting it in evidence. The trial court also did not consider whether such a confessional statement is admissible in evidence or not. The High Court has also not considered this aspect. The confessional statement was clearly inadmissible as it was made by an accused before a police officer after the investigation had started."

(1998) 8 SCC 130

7. Taking the submissions of both the learned counsel into

consideration and in view the judgment of the Hon'ble Supreme Court

cited supra, this Court is inclined to grant pre-arrest bail to the

petitioner, however by duly taking the apprehensions of the learned

Special Assistant Public Prosecutor into consideration, on the following

conditions:

(i) The petitioner shall be released on bail in the event of his arrest in Crime No.166 of 2022 of Special Enforcement Bureau Station, Baptla, Bapatla District, on his executing self bond for Rs.25,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Station, Baptla, Bapatla District;

(ii) On release, the petitioner shall appear before the Station House Officer, Special Enforcement Bureau Station, Baptla, Bapatla District, once in a week i.e. on every Sunday between 10.00 a.m. and 12.00 noon, till filing of the charge sheet; and

(iii) The petitioner shall not make any attempt to influence the witnesses or tamper with the prosecution evidence and the petitioner shall co-operate with the investigation.

Further, the petitioner shall scrupulously comply with the above

conditions and in case of infraction of the same, the prosecution is at

liberty to move appropriate application for cancellation of bail.

It is made clear that this order does not, in any manner, limit or

restrict the rights of the Police or the investigating agency from further

investigation as per law and the finding in this order be construed as

expression of opinion only for the limited purpose of considering bail in

the above Criminal Petition and shall not have any bearing in any other

proceedings.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_______________________________ JUSTICE RAVI CHEEMALAPATI 28th September, 2022.

GBS