Kummari Anishwar v. The State Of Telangana

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10432 OF 2022 ORDER:

Heard Sri K.Chennakeshavulu, learned counsel for the petitioner, as well as learned Additional Public Prosecutor, who is representing respondent-State. 2.

Seeking post-arrest bail, the petitioner, who is arrayed as accused No.5, in Crime No.194 of 2022 of Chinnakodur Police Station, Siddipet District, is before this Court.

3.

Making his submission, learned counsel for the petitioner states that even as per the version of the prosecution 1070 grams of Ganja was seized from the possession of the accused, which is below the commercial quantity and as the entire investigation is completed, the petitioner may be enlarged on bail. Learned counsel also states that the petitioner is in judicial custody since 113 days. Learned counsel further submits that the petitioner is a student.

4.

Learned Additional Public Prosecutor did not dispute the fact that the contraband seized is less than commercial

quantity. He also submits that the material part of investigation is completed.

5.

Having regard to the submissions thus made, this Court does not find any grounds whatsoever to dishonour the request of the petitioner and to keep him in custody for a further period.

6.

Therefore, this Court considers it desirable to honour the request of the petitioner, however, conditionally. 7.

Resultantly, the Criminal Petition is allowed with the following conditions:- (i) The petitioner/Accused No.5 shall be enlarged on bail on his executing a personal bond for Rs.30,000/- (Rupees Thirty Thousand only) with two sureties for like-sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency. One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.

(ii) The petitioner/Accused No.5 shall report before the Station House Officer, Chinnakodur Police Station, Siddipet District, on every Monday between 10.30 AM and 12.00 PM, till filing of final report.

(iii) The petitioner/Accused No.5 should not involve in any unlawful activity.

(iv) The petitioner/Accused No.5 should afford all assistance for the proper investigation of the case.

(v) The petitioner/Accused No.5 should not cause the evidence of the offence disappear.

(vi) The petitioner/Accused No.5 should not tamper with the evidence in any manner.

(vii) The petitioner/Accused No.5 should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.

(viii) In case the petitioner/Accused No.5 holds a passport, he shall surrender the same if the same is not seized till now.

(ix) The petitioner/Accused No.5 shall not leave India without previous permission of the court concerned.

(x) The petitioner/Accused No.5 should ensure his presence whenever required by the Court or Police.

(xi) The petitioner/Accused No.5 shall file an affidavit before the Court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change in the aforementioned details, the petitioner shall intimate the Court concerned by giving a fresh affidavit duly mentioning the change. He shall continue to do so till filing of the final report.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the bail granted.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date: 01.12.2022 svl

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10432 of 2022 Date: 01.12.2022 svl