Mamindla Venkatesh Goud v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2186 OF 2021 Between:

Mamindla Venkatesh goud, S/o M.Satyanarayana Goud Petitioner/Accused AND The State of Telangana, Rep., its Public Prosecutor, High Court of Telangana AT Hyderabad.

RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to enlarge the petitioner on Bail in the event of his arrest in Crime P.C.O.R. No. 215/2020 on the file of Prohibition and Excise Police- Station Jadcherla Mahabubnagar District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri G RAJESHWAR RAO, Advocate for the Petitioner, Addl. PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

/ HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.2186 OF 2027 ORDER:

This Criminal Petition, under Section 438 of the Code o.i Criminal Procedure, 1973 (Cr.P.C.), is filed by tht: petitioner/ accused, for grant of anticipatory bail in PCOR No.215 of 2O2O of Prohibition and Excise Police Station, Jadcherla, Mahabubnagar District, initially registered for the offence under Rule 27(i) of T.S. Toddy Excise Rules, 2OO7 ancl later altered the offence to Section 8(c) r/w. 22 of the NDPfi Act.

Heard the learned counsel for the petitioner/ accused, the learned Additional Public Prosecutor representing th,-. respondent-State and perused the record.

The allegation against the petitioner/ accused is that orr 13.12.2020 at about 4.25 pm, the Excise Police, Jadcherla., visited Aloor Village of Jadcherla Mandal, TFT Toddy Shop, counter No.10 and found the petitioner/ accused conducting business and also found 35 plastic crate containing 12 bottles filled with 650 mI of toddy in each. Hence, the complaint. Learned counsel for the petitioner/ accused woulC submit that there were three counters and three different license numbers to each of the counter and the inspecting authorities have collected samples collectively from aI1 the shops, mixed the same and sent for FSL report basing on the statements given by the panch witnesses at the spot and

I admittedly, the petitioner was not present at the time of collecting the samples or sending the same for FSL Report. The petitioner is a valid license holder till 3O.O9.2O22. The petitioner is not having any previous criminal record and that he is ready to abide by any condition that may be imposed in the event of his enlargement on anticipatory bail. Hence, he prayed to grant anticipatory bail to the petitioner/ accused. Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioner/ accused.

Looking into the nature of allegations levelled against the petitioner and having regard to the facts and circumstances of the case, without going into the merits of the case, this Court is inclined to grant anticipatory bail to the petitioner/ accused on some conditions.

Accordingly, the Criminal Petition is allowed and the petitioner/ accused is directed to surrender before the Station House Officer, Prohibition and Excise P. S., Jadcherla, Mahabubnagar District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/ accused on bail, on his executing personal bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/ accused sha.ll also abide by the conditions. stipulated in Section 438(2)

Cr. P. C and co-operate with the investigating officer. in tinvestigating the case.

Miscellaneous applications, if any, pending shall stand closed.

SD/,. K.VEI{KAIAH ASSISTANT R.EGISTRAR //TRUE COPY// \iY sEcr!,gr{ oFFrcER To, The lAddl. District and Sessions Judge, at Mahabubnagar. / 1.

The Prohibition and Excise Police Station, Jadcheda, Mahabubnagar District. 2.

One CC to SRI G RAJESHWAR RAO Advocate IOPUC] J.

Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT) 4.

One spare copy /"

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HIGH COURT GSD,J DATED:0710412021

ORDER

0 7 APB 20?1 CRLP.No.2186 ot 2021 BAIL