Tejavath Kotesh v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.11114 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.1 in Crime No.105 of 2023, on the file of the Bahadurpura Police Station, Hyderabad, registered for the offence punishable under Sections 8 (c) r/w 20 (b) (ii) (C) of NDPS Act, 1985.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

The case of the prosecution is that petitioners and others were found to be transporting 80 kgs. of ganja. The said search was done on 10.03.2023. Thereafter, 7 accused were remanded to judicial custody.

4.

Learned counsel appearing for the petitioner would submit that except this petitioner, all the others were released on bail.

5.

The said aspect was not disputed by the learned Additional Public Prosecutor.

6.

On the ground of parity, this Court is inclined to grant the relief of regular bail, subject to following conditions:

i) The petitioner/accused No.1 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties, for a like sum each to the satisfaction of Special Sessions Judge for Trial of Cases under NDPS Act-Cum-I Additional Metropolitan Sessions Judge at Hyderabad.

ii) The petitioner/accused No.1 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of eight weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioner/accused No.1 shall abide by the other conditions stipulated in 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: 04.12.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.11114 OF 2023 Dt.04.12.2023 dv