Gouri Venkatesham And Another v. The State Of Telangana
I N
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THENINTH DAY OF JULY TWO THOUSAND AND TWENTY ONE, :PRESENT:
THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 4922 OF 2021 Between:
l. Gouri Venkatesham, Sio. Jangaiah,
2. Ushannagari Manaiah, S/o. Shivaiah Goud, Petitioners/Accused 5 & 6 AND The State ofTelangana, Represented by its Public Prosecutor, through Station House Officer, Prohibition and Excise Station, Vikarabad Town, Vikarabad District. ('
The State/ Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to grant anticipatory bail to the PetitionersiA-5 &. A-6 in the event of their arrest in connection with Crime in C.O.R No.8 of 2021, dated 09.01.2021 on the file of Prohibition and Excise Station, at Vikarabad Town and District.
/.'
The petition coming on for hearing, upon perusing the petition and the grounds filed therein and upon hearing the arguments ofSri Srinivas Kapatia, Advocate for the Petitioners, and of the Addl. Public Prosecutor, for the Respondent, the Court made the following.
qHONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.4922 OF 2O2I ORDER:
This Criminal Petition, under Section 438 o1' the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-5 and A-6, for grant of anticipatory bail in COR.No.8 of 2021 of P.S. Vikarabad Prohibition and Excise Station, Vikarabad District, registered for the offences punishable under Sectiort 37(a) of the Telangana State Excise Act R/w. Section 8(cl r I w'.22(a) of the NDPS Act, 1985.
Heard the learned counsel for the petitioners/A-S and 4'-6, the learned Additional Public Prosecutor representing the respondent-State and perused the record.
Learned counsel for the petitioners/A-5 and A-6 would submit that the petitioners are innocent persons and never committed any offence as alleged by the respondent-police. lt is further submitted that the petitioners are law-abiding citizens and have nothing to do rvith the alleged offence. Further, they are ready to give sufficient sureties to the satisfaction of this Court to secure their presence on each and every date of hearing to face the trial and also ready to abide by the terms and conditions if any that may be imposed by this Court for their release. Hence, he prayed to grant anticipatory bail to the petitioners/A-S and A-6. Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-5 and A-6.
r ,th*# Having regard to the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners/A-5 and 4'-6 on some conditions.
Accordingly, the Criminal Petition is allowed and the petitioners/A-5 and A-6 are granted anticipatory bail subject to the following terms and conditions:
(1) The petitioners/A-S and A-6 are directed to surrender before the Station House Officer, P.S. Vikarabad Prohibition and Excise Station, Vikarabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A-5 and 4'-6 on bail, on their executing personal bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) each with two sureties for a like sum each to his satisfaction.
(2) Commencing from the month of July, 2O2l , the petitioners/A-5 and ^4-6 shall appear before the investigating authorities on every third Saturday between 10.00 am and 5.00 pm till completion of investigation and liling of final report.
(3) The petitioners/A-S and A,-6 shall not indulge in similar type of offences in future and if it is found that they are indulged in similar type of offences in future, liberty granted to them shall automatically stand cancelled and they shall be taken into custody.
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(4) The petitioners/A-S and A-6 shall abide by the conditions stipulated in Section a38(2) Cr.P.C and co-operate with the investigating officer in investigating the case. Miscellaneous applications, if any, pending shall stand closed.
sD/- KAMMA'I ASSISTANT //TRUE COPY// SEC OFFIC ER To, l.TheJudicialFirstClassMagistrate,Vikarabad,.RangaReddvDistrict.(-
2. The Station Hou," orn""'' *Ji'[ik#; ffiibitio]n and Eicise Station' Vikarabad , fff';!, to-Public Prosecutor, High courtof Telfreana' at Hyderabad (ouT) i. il;CC;" S,ii'ini'ut Kapatia' Advocate (oPUC)
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# HIGH COURT GSD,J DATE: 09-07-2021 =:':< TE(j;\ ORDF:,R CRL.P. NO. 4922 0F 2021 { .$ s \'
.t jl \ a c + PETITION ALLOWED