Mende Anil v. The State Of Telangana
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11299 OF 2025 ORDER:
This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioner who is arrayed as accused No.2 in Crime No.90 of 2025 before the Utnoor Police Station, Adilabad District, registered for the offence punishable under Sections 8 (c) r/w 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1955.
2.
Heard Sri D. Pochaiah, learned counsel for petitioner, and Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
3.
Learned counsel for the petitioner submitted that Police apprehended the petitioner/accused No.2 along with 1.120Kgs Ganja at indravelly, later he released on bail and the trial Court imposed conditions on the petitioner while granting the bail. He further submitted that the criminal petition is filed by the petitioner - Accused No. 2 against the cancellation of bail vide order dated 17.07.2025 in Crl.M.P. No. 493 of 2025 in Crl.M.P. No. 261 of 2025, wherein, the trial Court cancelled the bail granted, stating that although a condition was imposed in
Crl.M.P.No.261 of 2025, the petitioner herein did not comply with the said condition and attended the Police station for only 5 days instead of 24 days. He also submitted that the charge sheet has been filed, and the said ganja is of intermediate quantity. Further, no other crime has been registered against the petitioner during the period of bail. Hence, he prayed that this Court to allow the criminal petition by granting anticipatory bail to the petitioner.
4.
On the other hand, the learned Additional Public Prosecutor submitted that the petitioner has not complied with the condition imposed by the trial Court and therefore, he prayed that the Court dismiss the criminal petition. 5.
Considering the submissions made by both the learned counsels and the material available on record, though the present petition is filed seeking anticipatory bail, it is seen from the record that the petitioner was already granted bail by the trial Court. However, since he has not appeared before the Investigating Officer as directed by the trial Court, the said bail was cancelled on an application filed by the learned Public Prosecutor. Considering the quantity involved and the fact that no other cases have been registered against the petitioner, this
Court deems it fit to grant bail to the petitioner, subject to compliance of the following conditions:
i.
The petitioner shall surrender before the Station House Officer, Utnoor Police Station, Adilabad District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail, on petitioner executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, for the like sum each.
ii.
The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.
iii.
The petitioner shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required.
6.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 09.09.2025 fm
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11299 of 2025 Date: 09.09.2025 fm