Kalapathi Gowtham Singh v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2960 of 2022 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner-accused No.3, for grant of anticipatory bail in the event of his arrest in connection with COR No.24 of 2021 of Prohibition and Excise Station, Serilingampally, registered for the offence punishable under Section 8 (c) read with 20 (b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 34 (a) of the Telangana State Excise Act, 1968.

2.

Heard the learned counsel for the petitioner-accused No.3 learned Assistant Public Prosecutor, appearing for the respondent-State and perused the record.

3.

The petitioner is arrayed as accused No.3 in the aforesaid crime. It is alleged that the police conducted search in the house premises bearing No.1-24/5, Lodha Basthi, Nanakramguda, Serilingampally and found 1.670 kgs of dry ganja and some liquor bottles with the possession of the father of the petitioner, who is arrayed as accused No.1. The contraband was seized from the possession of accused No.1 and

he was remanded to judicial custody and later he was released on bail.

4.

There are no averments in the remand report of accused No.1 or in the Crime Occurrence Report, except stating that the petitioner-accused No.3 was not available in the premises when the subject raid was conducted and shown as absconding. 5.

In the said circumstances, the petitioner-accused No.3 can be granted bail under Section 438 Cr.P.C. on some conditions:

6.

The Criminal Petition is therefore, allowed. The petitioner-accused No.3 shall surrender before the Prohibition and Excise Station, Serilingampally, in connection with COR No.24 of 2021 within one week from today and on such surrender and executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the said Prohibition and Excise Station, he shall be released on bail. After release, the petitioner-accused No.3 shall appear before the said Prohibition and Excise Station on every day between 10:00 and 12:00 Noon for a period of one month.

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

__________________ K.SURENDER, J Date: 07.04.2022 YVL