Kalluri Kiran v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.10153 OF 2023 ORDER:

1.

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/Accused No.8 in S.C.No.18 of 2022 on the file of Special Judge for trial of Cases for the offences under NDPS Act, 1985-CumPrincipal Sessions Judge at Mahabubabad, registered for the offence under Section 8 (c) r/w.20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').

2.

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

3.

The petitioner along with others was charge sheeted under Section 8(c) r/w. 20(B) of NDPS Act. He was enlarged on bail during the course of investigation. Petitioner was appearing for trial. However, on 01.08.2023, he remained absent, for which reason warrants were

issued. The Police executed the said warrants and arrested the petitioner and produced before the concerned Court and was remanded to judicial custody on 02.09.2023. 4.

Learned counsel appearing for the petitioner would submit that 01.08.2023 is a solitary instance of the petitioner being absent. He has been abiding by the Court conditions and appearing regularly.

5.

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

Keeping in view that petitioner was already enlarged on bail and his absence on 01.08.2023 is a solitary instance, wherein the petitioner did not appear nor represented by the counsel, this Court deems it appropriate to grant the relief of regular bail, subject to following conditions:

i) The petitioner/Accused No.8 shall execute personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with one surety, for a like sum each to the satisfaction of Principal sessions Judge at Mahabubabad.

ii) The petitioner/Accused No.8 after release shall appear before the concerned Court on every date of hearing.

iii) The petitioner/Accused No.8 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 13.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.10153 OF 2023 Dt.13.10.2023 dv