Mohammed Bin Saleh Nandi , Mohammed Saleh Nandi v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.722 of 2020 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.2 seeking to grant anticipatory bail in the event of his arrest in Crime No.420 of 2019 on the file of Falaknuma Police Station, Hyderabad, registered for the offences punishable under Sections 420 and 270 IPC read with Section 20(2) of COTP Act.

2.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondentState and perused the record. 3.

The case of the prosecution in brief is that on 23.12.2019 on receiving credible information, the Sub-Inspector of Police conducted raid on Nahadi One Launge Food Centre situated at Falaknuma, Hyderabad and found that illegal Hukka parlour is being run by accused Nos.1 and 2 in the said premises, to which accused No.3 is the Manager and accused No.4 is a Waiter and seized hookah pot and other material. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent and a false case is foisted against him; that even if the entire complaint is taken into consideration, no offence is made out against the petitioner; and that the petitioner is a private employee working in a software company and he has nothing to do with the alleged offence. Learned

counsel further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court in the event of his enlargement on anticipatory bail.

5.

Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner. 6.

Looking into the nature of allegations levelled against the petitioner and the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

7. The Criminal Petition is accordingly dismissed. However, the petitioner is directed to surrender before the Court concerned within 15 days from today and file an application seeking bail, upon which the Court concerned shall consider and pass appropriate orders on the same in accordance with law, after giving due notice to the learned Public Prosecutor concerned.

8.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ JUSTICE G.SRI DEVI 14th February, 2020 dr