Gouri Venkatesham v. The State Of Telangana
IN THE HIGH COURT FORTHE STATE OF TELANGANA
AT HYDERABAD FzuDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY ONE, ,-- :PRESENT:
THE HON'BLE JUSTICE G.SRI DEVI ,- CRIMINAL PETITION NO: 4963 OF 2021 ..'
Between:
Gouri Venkatesham, S/o. Jangaiah, Petitioner/Accused-5 AND The State ofTelangana, Represented by its Public Prosecutor, High Court, Hyderabad, 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 bait to the Petitioner/A-5 in the event of his arrest in connection with Crime in C.O.R No.12 of .2021, dated 09.01.2021 on the file of Prohibitioi and Excise Station, at Vikarabad Town and District. ..,- The petition coming on for hearing. upon pysing the petition and the grounds filed therein and upon hear_ing the arguments of Sri Srinivas Kapatia, Advocate for the Petitioner, and ,..
ofthe Addl. Public Prosecutor, for the Respondent, the Court made the following.
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.4963 OF 2O2T ORDER:
This Criminal Petition, under Section 438 ol the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/A-5, for grant of anticipatory bail in COR.No.12 of 2O2l 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(cl r/w.22(a) of the NDPS Act, 1985.
Heard the learned counsel for the petitioner/A-5, the learned Additional Public Prosecutor representing the respondent-State and perused the record.
Learned counsel for the petitioner/A-s would submit that the petitioner is an innocent person and never committed any offence as alleged by the respondent-police. It is further submitted that the petitioner is a law-abiding citizen and has nothing to do with the alleged offence. Further, he is ready to give sufficient sureties to the satisfaction of this Court to secure his 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 his release. Hence, he prayed to grant anticipatory bail to the petitioner/A-5.
Learned Additional Public Prosecutor representing the petitioner/A-5.
to grant anticipatory bail to the respondent-State opposed
Having regard to the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the pe titione r/A-5 on some conditions.
Accordingly, the Criminal Petition is allowed and the petitioner/A-S is granted anticipatory bail subject to the following terms and conditions:
(1) The petitioner/A-S is directed to surrender before the Station House Officer, P.S. Vikarabad Prohibition and trxcise Station, Vikarabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Oflicer shall release the petitioner/A-5 on bail, on his executing personal bond for a sum of Rs. 15,000/ - (Rupees fifteen thousand only) with two sureties for a like sum each to his satisfaction.
(2) The petitioner/A-S shall appear before the investigating authorities on every third Saturday between 10.00 am and 5.00 pm ti11 completion of investigation and filing of final report.
(3) The petitioner/A-S shall not indulge in similar type of offences in future and if it is found that he is indulged in similar type of offences in future, liberty granted to him shall automatically stand cancelled and he shall be taken into custody.
(a) The petitioner/A-S 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 C.
closed -r, I SD/- I. NA ASSIS //TRUE COPYII LAKSH REG SECTION OFFICER \ To,
1. The Judicial First Class Magistrate, Vikarabad, Ranga Reddy Disttict. "'
2. The Station House officer, PS Vikarabad Prohibition and Excise Station, vikarabad District.
3. Two CCs t6 p.,bti" Prosecutor, High Court of Telangana, at Hyderabad (OUT[
4. One CC to Sri Srinivas Kapatia, Advocate (OPU}
5. One spare Copy
HIGH COURT GSD,.] DATE: 09-07-2021 ORDI'R CRL.P. NO.4963 0l'2021 PETITION ALLOWED