Azmer Babu v. The State Of Telangana

SMT. JUSTI CE T.RAJANI CRI MI NAL PETI TON No. 2 0 0 9 OF 2 0 1 8 ORDER:

This petition is filed seeking for grant of anticipatory bail to the petitioner-accused in C.O.R.No. 367 of 2017 of Prohibition and Excise Station, Narsampet, Warangal District. 2.

The case of the prosecution is that one kilogram of Ganja was found in the house of the petitioner. Learned counsel for the petitioner submits that the petitioner was not present at the time of the alleged seizure. But that does not entitle the petitioner for grant of anticipatory bail when there is no denial that the said house belongs to the petitioner. Moreover, learned Public Prosecutor brings to the notice of this Court the order dated 14-09-2017 in criminal petition No. 8272 of 2017, by virtue of which the earlier bail application of the petitioner was dismissed.

3.

Hence, in view of the above, this Court opines that anticipatory bail cannot be granted to the petitioner. However, the petitioner can file a petition seeking for regular bail by surrendering himself before the Court below having jurisdiction. The Court below shall dispose of the bail application on merits, if any filed, expeditiously, preferably on the same day, subject to pressure of other work.

4.

Subject to the above, the criminal petition is dismissed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence.

___________ T.RAJANI , J.

2 7 .0 2 .2 0 1 8 JSK