Andhra Pradesh High Court - Amravati
Ramesh Santa Ajay, vs The State Of Andhra Prasesh on 17 October, 2024
APHC010432152024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3365]
(Special Original Jurisdiction)
THURSDAY, THE SEVENTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL PETITION NO: 7013/2024
Between:
Ramesh Santa @ Ajay, ...PETITIONER/ACCUSED
AND
The State Of Andhra Prasesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. KOCHIRI RAJA SHEKAR
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following Order:
Heard Sri K.Raja Shekar, learned counsel for the petitioner and
learned Assistant Public Prosecutor for the Respondent-State.
2. Perused the record.
3. Originally, the petitioner herein filed petition for grant of regular
bail in Crime No.234 of 2024 of GRP Police Station. By an order, dated
04.09.2024, the learned I Additional District & Sessions Judge-Special
Judge for Trial of Offences under NDPS Act, Visakapatnam allowed
the said petition by imposing certain conditions. Aggrieved by the said
conditions imposed by the learned Sessions Judge, the present
Criminal Petition is preferred by the petitioner to modify the conditions
imposed while granting bail.
4. The grievance of the petitioner is with the conditions imposed on
him relating to production of two sureties for Rs.50,000/- and making
available his location through his respective mobile phone by paring it
with the mobile phone of the Investigating Officer round the clock.
5. Learned counsel for the petitioner relied on a decision reported
in SMWP (Criminal) No.4 of 2021 dated 31.01.2023 on the file of the
Hon'ble Supreme Court wherein it is observed that "if the bail bonds
are not furnished within one month from the date of grant bail, the
concerned Court may suo-motu take up the case and consider whether
the conditions of bail require modification/relaxation".
6. Learned counsel for the petitioner placed reliance on the
decision of the Hon'ble Supreme Court in Frank Vitus Vs. Narcotics
Control Bureau & Ors,1 wherein, at Paragraph-10.2 held as under:
10.2. Imposing any bail condition which enables the
Police/Investigation Agency to track every movement of
the accused released on bail by using any technology or
otherwise would undoubtedly violate the right to privacy
guaranteed under Article 21. In this case, the condition
of dropping a PIN on Google Maps has been
incorporated without even considering the technical
effect of dropping a PIN and the relevance of the said
condition as a condition of bail. This cannot be a
2024 INSC 479
condition of bail. The condition deserves to be deleted
and ordered accordingly. In some cases, this Court may
have imposed a similar condition. But in those cases,
this Court was not called upon to decide the issue of the
effect and legality of such a condition.
7. Needless to say that when the Petitioner/A5 could not furnish the
bail bond within a reasonable period of time. Even after, grant of bail,
the very same court which has granted bail may suo motu take up the
case and examine whether the conditions imposed on the petitioner
while granting bail to him require relaxation/modification. In the present
case, it is the case of the petitioner that he being daily-wage worker,
could not furnish the sureties to the Trial Court. In view of the judgment
of the Hon'ble Apex Court as referred to supra, the condition
concerning sharing of location through mobile phone by pairing it with
the mobile phone of the investigation officer round the clock cannot be
maintained.
8. In view of the aforesaid facts and circumstances of the case and
in view of the judgments of the Hon'ble Apex Court as referred to
supra, this Court is inclined to modify the bail conditions.
9. In the result, the Criminal Petition is allowed and the petitioner
herein shall be released on bail on his execution of personal bond for
Rs.10,000/- (Rupees ten thousand only) with two sureties who are
residing in the State of Andhra Pradesh for the like sum each to the
satisfaction of the learned VI Additional Judicial Magistrate of First
Class (Railways), Visakhapatnam. The condition imposed on the
petitioner that the petitioner shall make available his location through
mobile phone by paring it with the mobile phone of the investigating
officer round the clock is hereby relaxed. It is hereby made clear that
the other conditions imposed by the Court below shall remain same.
Miscellaneous petitions, if any pending, in the Criminal Petition,
shall stand closed.
_______________________________
JUSTICE DR. V.R.K.KRUPA SAGAR
Date: 17.10.2024
ASR
THE HON'BLE SRI JUSTICE DR. V.R.K.KRUPA SAGAR
CRIMINAL PETITION No.7013 OF 2024
Dated 17.10.2024
ASR
