Shaik Harun v. The State Of Telangana

THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.5999 of 2024 ORDER:

This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking grant of regular bail.

2.

The petitioners are accused Nos.1 to 4 in Crime No.115 of 2024 on the file of Balapur Police Station, Rachakonda Commissionerate within the jurisdiction of I Additional Metropolitan Magistrate -cum- I Additional Junior Civil Judge at L.B Nagar.

3.

I have heard learned counsel appearing for the petitioner and Sri S. Sudarshan, learned Additional Public Prosecutor for the Respondent - State.

4.

The accusation against the petitioner is that on 03.04.2024, while conducting vehicle checking at Errakunta X Road, Balapur Mandal, Ranga Reddy District, all the petitioners were found in a car bearing registration No.MH01 AV 5623 in possession of fake currency notes, with fake value of Rs.25 lakhs. The statements of the

petitioners revealed that those fake notes were procured with an intention to circulate them against genuine notes to gain profits. Thus, committed offences under Sections 420, 489-C, 489-E, 120 (b) of IPC, 1860.

5.

Learned counsel for the petitioners submits that the petitioners are innocents and they were falsely implicated in the case. Further, the investigation has been completed and the petitioners are in judicial custody from 03.04.2023. They are ready to furnish sufficient sureties and abide by any conditions that may be imposed. Hence, prayed for grant of bail.

6.

Learned Additional Public Prosecutor opposed the bail application and submits that the petitioners are found in possession of fake currency. He asserts that the statements of petitioners/accused Nos.1 to 4 are clearly making out their intention. Further, the investigation is pending; however, material witnesses were examined. 7.

I have considered the submissions of learned counsel and perused the material available on record.

8.

It is apparent by the prosecution case that the petitioners were found in possession of fake currency notes in the car. Having regard to the depth of allegations, period of judicial custody undergone by the petitioners and the reported stage of investigation, this Court is inclined to positively consider the prayer of the petitioners/accused Nos.1 to 4 for bail.

9. Accordingly, the present Criminal Petition is allowed in following terms:

i) The petitioners/accused Nos.1 to 4 shall be released on bail, subject to each one of them executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum each to the satisfaction of the I Additional Metropolitan Magistrate -cum- I Additional Junior Civil Judge at L.B Nagar.

ii) On such release, petitioners/accused Nos.1 to 4 shall appear before the concerned Police at 10:00 a.m. on every Monday and Thursday till filing of charge sheet.

iii) The petitioners/accused Nos.1 to 4 shall make themselves available for interrogation as and when required by the police till filing of charge sheet.

iv) The petitioners/accused Nos.1 to 4 shall appear before the trial Court on each date fixed by the Court unless personal presence is exempted by the trail Court.

v) The petitioners/accused Nos.1 to 4 shall not influence or intimidate any witnesses or tamper with the evidence of the prosecution.

vi) The petitioners/accused Nos.1 to 4 shall not indulge in any illegal activity or offence.

vii) In case the petitioners/accused Nos.1 to 4 commits breach of any of the above conditions, this bail is liable to be cancelled, at the instance of the prosecution.

As a sequel, miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

_________________________ JUSTICE N. TUKARAMJI Date: 12.06.2024 Pld

THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.5999 of 2024 Date:12.06.2024 pld