Nimma Shanker Singh v. The State Of Telangana Rep By Its P.P

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 89 of 2018 Between:

Nimma Shanker Singh, S/o. Kundan Singh Petitioner (Accused No.1 in Cr.No.135/2017 of P.S.Ex-Serlingampally) AND The State of Telangana, rep by its Public Prosecutor, High Court at Hyderabad. Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to direct the respondent P.S. ExSerilingampally to enlarge the petitioner/Accused No.2 on bail in the event of his arrest in Crime No. 135 of 2017 as such the petitioner is ready to face the trial. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri M.M.Ahmed Khan, Advocate for the Petitioner and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A1, in Crime No.135 of 2017 on the file of the Station House Officer, Serlingampally Police Station, Ranga Reddy District. The offences alleged are under Section 8(c) r/w 20(b)(ii) of NDPS Act. 2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

The counsel for the petitioner submits that the allegation against this petitioner that he is a habitual offender was considered by this court while deciding Crl.P.No.11917 of 2017 and that all the cases in which this petitioner was shown as accused ended in acquittal. Considering the said fact, this court granted anticipatory bail in the aforementioned criminal petition. 4.

Since the facts of the case on hand are also similar to the one considered by this court in Crl.P.No.11917 of 2017, this petition is allowed. The petitioner is directed to surrender before the Station House Officer, Serlingampally Police Station, Ranga Reddy District, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:

i) The petitioner shall make himself available for interrogation by a police officer as and when required.

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 police officer;

iii) The petitioner shall not leave India without the previous permission of the Court.

..2..

As a sequel, the miscellaneous applications, if any pending, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The Metropolitan Sessions Judge, Cyberabad at L.B.Nagar.

2. The SHO, Ex-Serilingampally Police Station, R.R.District.

3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

4. One CC to Sri M.M.Ahmed Khan, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 89 OF 2018 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 22-01-2018 HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 89 OF 2018 ANTICIPATORY BAIL