Vijaykumar Vemula v. The State Of Telangana

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,I'IIE HON'tsLE JUSTICE G SRI DT]VI I Cltllll\,\1. Pl,l'ITIO\ \0: 8022 OI.'2019 Be tn'ecn:

Vijalkurr.rr \/enrula, S/o. Subrauranyam Petitioner/Accused No.2 AN I) 'l he statc of"['c'langana. Represented by station house officer, Thadvai police station, Mulugu Drstrict. through Public prosecutor. High court at Hyderabad. Respondent/Complainant l)elition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in thc slrpport o1' the Criminal Petition, the High Court may be pleased to grant bail to the petitioneri,^ccused No.2. arrested in Crime i,!o. 76 o{ 2019 of PS Thadvai, Mulugu District, on such terms ancl conditions as this I{onourable court may deem fit and proper in the interest of j ustice Ihc pctition coming on lbl hearing. upon perusing the Petition filed in support thereof antl uporr lrt'irr ing thc argunrents ol' Sri K Venurradhav r\dr.'ocate lbr the Petitioner and of Additionri I'Lrblic Prosecutor lbr the Respondent. thc Court made the fbllou,ing. oltDEn:

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THE HON'BLE ]USTICE G,SRI DEVI CRIMINAL PETITION No.8022 of 2019 ORDER:

I This Criminal Petition, under Sections 437 and 439 Cr.P.C., is filed by the petitioner/accused No.2 seeking to enlarge him on bail in Crime No.76 of 2019 on the file of Thadvai Police Station, Mulugu Distrlct, registered for the offence punishable under Section 20 (b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act. 2.

The brief facts of the case are that on 01.9.2019 at 3 pm, at Katapur Cross road of SS Tadval Village, the complainant-Suresh, P.S.I., along rryith his staff and CRPF force conducted the vehicle checking., and that accused Nos.1 and 2 were proceeding from Katapur Village, SS Tatapur Village side in a car-Toyrrta Itios black colour bearing No.AP-03 Tl t35) and on checking found 50 covers of ganja weighing about 100 kgs.

3.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondent-State and perused the record.

4.

Learned counsel for the petitioner submitted that the petitioner was arrested on 01.9.2019 and since then has been in jail; that the entire investigation is already completed and all the material witnesses have been examined; that though six persons have been shown as accused Nos.1 to 6 in this case, the alleged recovery of ganja was shown from the present petitioner-accused No.2 and accused No.1; that the name of the petitioner has been shown as accused No.2 basing on his confession only; that nothing was recovered from the possession of the petitioner and false recovery

t was shown; that the petitioner has not committed any offence. Learned counsel further submitted that the petitioner is ready to abide by any conditions imposed by this Court while granting him bail and he shall cooperate with the investigation into the case. 5.

Learned Additional Public Prosecutor submitted that the petitioner along with accused No.1 was found transporting ganja weighing about 100 kgs, which is more than the commercial quantity and hence, the petitioner is not entitled for grant of bail. 6.

Looking into the nature of allegations levelled against the petitioner, the facts and clrcumstances of the case, without delving into the merits of the case, I am inclined to release the petitloner on bail on his furnishing a personal bond to the tune of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties to the llke amount each to the satisfaction of the learned Judicial First Class Magistrate, Mulugu. The petitioner shall not tamper with the prosecution witnesses and shall co-operate with the investigating agency and he shall not misuse the liberty granted to him. The petitioner shall not indulge in similar type of offences in future. The petitioner shall appear before the Court concerned on every date of hearing.

7.

Subject to the above, the Criminal Petition is allowed. 8.

Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

SD/- N. PT,RUSHOTHAM REDDY n-.;srsrnr'tr RE G rsT RAR t' ,4rN,{- SECTIOVOFFI{ER 'l'() ,'tRUE COPY'

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1. l-hc Se ssions .ludge for NDPS Cases sum I Additional Sessions Judge, Warangal

2. l-hc ludicial Iirst GhssA4agistrate, Mulugu

3. .l-hc Superintendent, Central Prison, Warangal

4. Tlrc Srarion I louse OfIlcer. 'l'hadvai Police Station, Mulugu District

5. Irro C( ro l)ublic Prosecutot'. FIigh Coun, H-vderabad (OUT) (r. Onc C( to Sri K. Venu \4adhar'. Adrocatc (OPt.C)

7. ( )n. -\Pi:tre cop\

Ht(;tI COt lt'r (;s r).I DATED:31/12l2019 OI{DEIT CltLP.No.li022 of 20 l9 ctU.P. AI.t,o\\11t) -4 m ).

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