Kamal Mandal v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6999 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioner who is arrayed as Accused in the event of his arrest in Crime No.187 of 2022 on the file of Station House Officer, Mancherlal Town Police Station, Ramagundam District registered for the offence punishable under Section 8(c) read with Section 20(b) of NDPS Act. 2.

Heard learned counsel for the petitioner/Accused and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The allegation against this petitioner is that when Macherlal Town Police found one person carrying a plastic bag and moving under suspicion circumstances, on seeing the police, the said person fled the scene leaving behind 500 grams of dry ganja at the scene. One Mohd.Nizam identified the person who has fled the scene as this petitioner.

4.

Learned counsel for the petitioner submits that this petitioner has been falsely implicated in this case and there is no mention in the complaint as to how the said Mohd.Nizam identified this petitioner.

5.

On instructions learned Assistant Public Prosecutor submits that there are no other cases pending against this petitioner. 6.

In the said circumstances of the present case, the relief of anticipatory bail can be granted to this petitioner/Accused. 7.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused shall be enlarged on bail in the event of his arrest subject to the following conditions:

i) The petitioner/Accused is directed to surrender before the Station House Officer, Mancherlal Town Police Station, Ramagundam District within ten days from today, and on such surrender, he shall be enlarged on bail on his executing personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties to the like sum each, to its satisfaction.

ii) The petitioner/Accused shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of eight (08) weeks and thereafter as and when required.

iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 11.08.2022 ns