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High Court for State of TelanganaCRLP/4923/2021allowed no costs

Gouri Venkatesham And Another v. The State Of Telangana

2021-07-09G Sri Devi5 pages

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY ONE, .--- :PRESENT:

THE HON'BLE JUSTICE G.SRI DEVI -- CRIMINAL PETITION NO: ,1923 OF 2021 ,- Between:

1. Gouri Venkatesham, S/o. 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 6A 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 Petitioners/A-5 & A-6 in the event of their anest in connection with Crime in C.O.R No.7 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 ,,..

ofthe Addl. Public Prosecutor, for the Respondent, the Court made the following.

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.4923 OF 2021 ORDER:

This Criminal Petition, under Section 438 oi the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-S and A-6, for grant of anticipatory bail in COR.No.7 of 2021 of P.S. Vikarabad Prohibition and Excise Station, Vikarabad District, registered for the offences punishable under Section 37(a) of the Telangana State Excise Act R/w. Section 8(c\ 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 olfence as alleged by the respondent-police. It is further submitted that the petitioners are law-abiding citizens and have nothing to do with the alleged offence. Purther, 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-5 and A-6. Learned Additional Public Prosecutor representing the respondent- S tate opposed to grant anticipatory bail to the petitioners/A-5 and A-6.

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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 4,-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 A-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, 2021 , the petitioners/A-5 and A-6 sha11 appear before the investigating authorities on every third Saturday between 10.00 am and 5.00 pm till completion of investigation and filing 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.

(4) The petitioners/A-5 and A-6 shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the case. Miscellaneous applications, if any, pending shall stand closed.

SD/- I. NAGA ASSI //TRUE COPYI/ SECTION OFFICER To,

1. The Judiciai First Class Magistrate, Vikarabad, Ranga Reddy District. ,-

2. The Station House Officer, Ps-Vitalztnml prohibition and Excise Station, Vikarabad District. ...-

3. Two CCs to Public Prosecutor, High Court ofTelangana, at Hyderabad (OUT) -"--

4. One CC to Sri Srinivas Kapatia, Advocate (OPUC)

5. One spare Copy -7'u1,JD

/ \I HIGH COURT GSD.J DATE: 09-07-2021 \ t lul w, .4''

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ORDER

CRL.P. NO. 4923 0F 2021 PETITION ALLOWED