Shaik Aiyaz v. The State Of Telangana

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10306 of 2022 ORDER:

1.

Heard Sri C.Hari Preeth, learned counsel for the petitioner as well as the learned Additional Public Prosecutor who is representing the Respondent. 2.

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.871 of 2022 of Saroornagar Police Station, Rachakonda Commissionerate, on bail, the present Criminal Petition is filed. 3.

Learned counsel for the petitioner states that the petitioner is in judicial custody since 06.10.2022 and indeed, the petitioner is innocent. Learned counsel also states that the entire investigation is completed and hence, the petitioner is entitled for bail.

4.

On the other hand, the submission of the learned Additional Public Prosecutor is that the petitioner is an organizer. Learned Additional Public Prosecutor, however, states that twelve witnesses were examined till now and thus, material part of investigation is completed. The offences alleged to have been committed by the petitioner

are under Section 370A(2) IPC and Sections 3 to 5 of Immoral Traffic (Prevention) Act.

5.

By the submissions made, it is clear that the material part of investigation is completed. 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 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.1 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.1 shall report before the Station House Officer, Saroornagar Police Station on every Monday between 10.30 AM and 12.00 PM till filing of final report.

(iii) The petitioner/Accused No.1 should not involve in any unlawful activity.

(iv) The petitioner/Accused No.1 should afford all assistance for the proper investigation of the case.

(v) The petitioner/Accused No.1 should not cause the evidence of the offence disappear.

(vi) The petitioner/Accused No.1 should not tamper with the evidence in any manner.

(vii) The petitioner/Accused No.1 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.1 holds a passport, he shall surrender the same if the same is not seized till now.

(ix) The petitioner/Accused No.1 should ensure his presence whenever required by the Court or Police.

(x) The petitioner/Accused No.1 shall file an affidavit before the Court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

(xi) The petitioner/Accused No.1 shall not leave India without previous permission of the court concerned. 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: 22.11.2022 ysk

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10306 of 2022 Date: 22.11.2022 ysk