Kilo Premdas v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12168 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 petitioners/Accused Nos.1 & 2 in SC.NDPS.No.54 of 2023 on the file of I Metropolitan Sessions Judge, Medchal-Malkajgiri District at Malkajgiri, registered for the offence under Section 20 (b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act'). 2.

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

3.

The case of the prosecution is that on 29.01.2023, these petitioners were apprehended with a plastic bag containing kg.37.620 gms of ganja. Accordingly, after following the procedure prescribed under NDPS Act, they were remanded to judicial custody.

4.

Learned counsel appearing for the petitioners would submit that entire investigation is complete and charge sheet is

already filed. There are no criminal antecedents against the petitioners.

5.

The said fact is not disputed by the learned Additional Public Prosecutor.

6.

Keeping in view that entire investigation is complete and petitioners are in jail since 11 months, the relief of regular bail can be considered, subject to following conditions:- i) The petitioners/Accused Nos.1 & 2 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 the XI Additional Metropolitan Magistrate, Kukatpally, Medchal-Malkajgiri District. As far as petitioner No.2/A-2 is concerned, one surety must be from the local and the other from the native place.

ii) The petitioners/Accused Nos.1 & 2 after release shall appear before the concerned Station House Officer on every Monday at 10:00 a.m. for a period of eight weeks for the purpose of investigation and thereafter, as and when required.

iii) The petitioners/Accused Nos.1 & 2 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is allowed.

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

__________________ K.SURENDER, J Date : 14.12.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12168 of 2023 Dt.14.12.2023 dv