Gopal Rathod v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8439 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/Accused in connection with Crime No.182 of 2019 on the file of Karepally Police Station, Khammam District, for the offences punishable under Section 20(b) read with 8(c) of the NDPS Act.

2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

The Karepally Police found a vehicle which met with an accident and abandoned by the driver. In the said vehicle Kgs.286.21 grams of ganja was found on 13.09.2019. On the basis of the ownership of the vehicle, the police identified the father of the petitioner as the owner of the said vehicle. Pursuant to confession given by the owner of the vehicle that the petitioner was driving the said vehicle, the police arrested this petitioner on 25.08.2022.

4.

As seen from the Remand Report, except the alleged confession, there is no other evidence to suggest that this petitioner was the person who had fled after the incident took place on 13.09.2019. In the

absence of any other evidence, apart from the confession, this petitioner can be granted the relief of regular bail on the following conditions. i) The petitioner/Accused shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each, among which one is local surety and the other is native surety, to the satisfaction of III Additional Judicial Magistrate of First Class, Khammam (ii) The petitioner/Accused shall appear before the concerned Station House Officer, on every Monday and Thursday between 10.30 A.M. to 1.00 P.M. for a period of eight weeks or until filing of charge sheet, whichever is earlier, for the purpose of investigation.

iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

5.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. _________________ K.SURENDER, J Date: 27.09.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8439 OF 2022 Dt.27.09.2022 tk