Mohammed Akram v. The State Of Telangana
\ [ 31s8 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 4591 OF 2021 Betwee n:
Mohammed Akram, S/o. lsmail
...Petitioner/Accused
AND The State of Telangana, through S.H.O., Adilabad I Town Police Station, Adilabad District, Rep. by its Public Prosecutor, High Court, Hyderabad. .. . RespondenUComplaina nt Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in connection with F.l.R No.12312021 of Adilabad I Town Police Station, Adilabad District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s GAJANAND CHAKRAVARTHI Advocate for the Petitioner and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following. ORDER:
THE HONOUR,ABLE JUSTICE G. SRI OEVI CRIMINAL PETITION No.4591 ol 2021
ORDER
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused seeking to grant anticipatory bail in the event of his arrest in Cr.No.123 of 202"1 on the file of Adilabad I Town Police Station, Adilabad District, registered for the offences punishable under Sections 270,273,328 read with Section 511 IPC, 2.
Heard learned counsel for the petitioner/accused, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
3.
The prosecution case is that on 16.06.2021 at 1 900 hours, on credible information, the Sub-lnspector of Police along with his staff, rushed to the house bearing No.'1-4-34, belongs to one Shabuddin, situated at Bokkalaguda, Adilabad, and seized noxious substances i.e., Gutka and Tobacco, worth Rs.3,11,000/-, under a cover of panchanama and thereafter, registered a case against the accused. 4.
Learned counsel for the petitioner/accused would submit that the petitioner is innocent of the alleged offences and he has been falsely implicated in the present case. He would further submit that even as per the allegations in the complaint, no case is made out against the petitioner. He would also submit that petitioner is not involved in any other crime prior to this occurrence and he is a law abiding citizen and ready to abide by any condition that may be imposed by this Court in the event of his enlargement on anticipatory bail.
5.
Learned Assistant Public Prosecutor, on reiterating the counter t :I averments, vehemently opposed to grant anticipatory bail to the petitioner. He submrts that the petitioner/accused is owner of Akram Traders and he
was transporting and selling the noxious substances, i,e., Gutka and Tobacco, which are banned by the Government and that the alleged offences committed by the accused are serious in nature as it causes injury to public health. He also submits that the investigation is not yet completed.
6.
Having regard to the facts and circumstances and looking into the nature of allegations leveled against the petitioner and also in view of peculiar conditions of pandemic COVID-19 prevailing in the country, without delving into the merits of the matter, lam inclined to grant anticipatory bail to the petitioner/accused.
7.
The Criminal Petition is accordingly allowed and the petitioner/accused is granted anticipatory bail subject to the following terms and conditions (i) The petitioner/accused is directed to surrender before the Station House Officer, Adilabad I Town Police Station, Adilabad District, within a period of 15 days from the date of this order and on such surrender, the said Station House Officer shall release the petitioner/accused on bail on his executing a personal bond to the tune of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to his satisfaction. (ii) The petitioner/accused shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.
Miscellaneous applications, if any pending in this criminal petition. shall stand closed.
SD/- R, KARTHIKEYAN ASSISTANT REGISTRAR \-r \_ tu,- , //TRUE COPY// SECTION OFFICER To,
1. The Judicial First Class Magistrate at Adilabad District.
2. The S.H.O., P.S., Adilabad I Town, Adilabad District.
3. One CC to M/s. GAJANAND CHAKRAVARTHI, Advocate [OPUC].
4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT].
5. One spare copy ZEE
HIGH COURT GSDJ DATED:28/0612021
ORDER
\ 't:ri LUL t CRLP.No.4591 ot 2O2'l * c ATc BAIL