Purusharani Promod Kumar v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRL.P. NO: L26LOF 2O2O Between:
Purusharani Promod Kumar, S/o. P.Purushotham (A-1) Petitio n e r/Accu sed AND The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad.
..... Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to release the petitioner on bail pending investigation, enquiry and trial in Crime No.66/2020 of Panjagutta Police Station, Hyderabad, in the interest ofjustice. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Srl Thakur Nitender Singh, Advocate for the Petitioner, and of Additional Public Prosecutor for the respondent, the Court made the following.
ORDER
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION N0.126r OF 2020 ORDER:
The petitioner/A- 1 filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to him in Crime No.66 of 2O2O of P.S. Panjagutta, Hyderabad, which was registered for the offence punishable under Section 8(c) read with 20(b)(ii) of the NDPS Act, 1985.
The allegation against the petitioner/A-1 is that on Ol .O2 .2O2O, the petitioner/A- 1 , along with two others, was arrested when they were found in possession 1000 grams of ganja opposite to Sithara Paradise Hotei, Ameerpet, Hyderabad, while they were trying to sell the same.
Learned Additional Public Prosecutor opposed to grant bail to the petitioner/A- 1.
Learned counsel for the petitioner/A- 1 submits that the petitioner never involved in any previous cases and does not have any criminal background. It is further submitted that he was arrested on OI.O2.2O2O and since then he has been in judicial custody. As per the remand report, eight witnesses have been examined and the entire investigation is over except filing of charge sheet. The petitioner is willing to furnish suitable i security and abide by any condition which this Court deems fit. It is further submitted that the petitioner is a permanent resident of the address given in the cause title and therefore, the
question of absconding does not arise. Hence, it is prayed to consider the petitioner's application for bail. Looking into the facts and circumstances of the case and taking into consideration the gravity of the offence alleged and since the quantity of ganja seized is very smalI, rveighing about 1000 grams, I am inclined to grant bail to the petitioner/A-1. The Criminal Petition is allowed and the petitioner/A- 1 shall be released on bail on the following terms and conditions: (i) That the petitioner/A- 1 shall execute a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.
(ii) that the petitioner/A- 1 shall not tamper with the prosecution witnesses;
(iii) that the petitioner/A- 1 shall co-operate with the investigating r.g"r"y.
(iv) that the petitioner/A- 1 shall not misuse the liberty granted to him.
(v) That the petitioner/A- 1 shall personally appear before the Court below on each and every adjournment till the conclusion of trial.
Miscellaneous applications pending, if any, shall stand closed.
\ v SD/- B. SATYAVATHI ASSISTANT R ISTRAR //TRUE COPY// a) SECTION OFFICER To
1. The XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad
2. The Superintendent, Chanchalguda Central Jail, Hyderabad
3. The Station House Officer, Panjagutta Police Station, Hyderabad
4. Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT)
5. One CC to Sri Thakur Nitender Singh, Advocate (OPUC)
6. One spa re copy.
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HIGH COURT GSD,J DATED: 27,O2.2O2O ORDER:
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I CRLP. NO: 1261 OF 2O2O l BAIL