Rahul Gowtham Kilari ,Pappu v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4839 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as Accused No.3 in Crime No.26 of 2022 on the file of Kodad Town Police Station, Suryapet District for the offence punishable under Section 8(c) read with Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard learned counsel for the petitioner/Accused No.3 and the learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that Kodad Town police while checking vehicles and buses, found this petitioner who is Accused No.3 and two others who were standing at Kodad bus station carrying some luggage bags. On suspicion the petitioner herein and two others were caught and when checked Accused No.1 was found in possession of 20 kgs, Accused No.2 was found in possession of 19

kgs and this petitioner was found in possession of 18 kgs of ganja. All the three were sent to judicial remand and they are in jail since 15.01.2022.

3.

Learned counsel for the petitioner submits that the contraband found is less than commercial quantity and petitioner is in jail since 154 days. He further submits that there are no criminal antecedents against this petitioner, which is not disputed by the learned Assistant Public Prosecutor.

4.

In the said circumstances, this court is inclined grant bail to the petitioner/Accused No.3.

5.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.3 is granted bail subject to the following conditions:

i) The petitioner/Accused No.3 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties out of which one native surety and another one is local surety for a like sum each to the satisfaction of Principal Junior First Class Magistrate, Kodad.

ii) The petitioner/Accused No.3 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of three (03) months. iii) The petitioner/Accused No.3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 17.06.2022 ns