Mohammed Abdul Arif Nawab v. The State Of Telangana

[ 26e1 ] HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINTH DAY OF NOVEI4BER TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HONOUR.ABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 11656 OF 2018 Between:

Mohammed Abdul Arif Nawab S/o m.a. Basith Parvaze (A-1). Petitione r/ Accused AND The State of Telangana, Rep by its Public Prosecutor, High Court of .ludlcature at Hyderabad For the State of Telangana and the State of Andhra Pradesh. Respo n de nt/ C om p la in a nt Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to direct the Station House OFficer, Jubilee Hills Police Station, Hyderabad to release the petitioner on bail in the event of his arrest in connection with Crime No.62412018 of Jubllee Hills Police Station, Hyderabad, in the interest ofjustice; The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri C SHARAN REDDY Advocate for the Petitioner(s) and of Additional Public Prosecutor(TG) for the respondent, the Court made the following.

ORDER

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner / A.L, lor grant of anticipatory bail in Crime No.624 of 2018 of Jubilee Hills Police Station, Hyderabad District, registered for the offences punishable under Sections 328 & 188 of I.P,C. and Sections 4 & 2O(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement) and Regulation of Trade & Commerce, Production, Supply and Distribution Act, 2OO3 ('COTP Act'). 2.

Heard the learned counsel for the petitioner/A.1, the lear Additional Public Prosecutor representing the respondent-State perused the record.

and 3.

It is alleged that the petitioner/A.1 is indulging in supply of hookah in a coffee shop. Whether the ingredients of Section 328 of I.P.C. would apply to the instant case or not is a question. Having regard to the nature of allegations levelled against the petitioner/A.1 and the material collected so far, the petitioner/A.1 can be granted anticipatory bail under Sec,tio-n 438 of Cr.P.C., on some conditions.

4.

Accordingly, the petitioner/A.1 is directed to surrender before the Station House Officer, Jubilee Hills Police Station, Hyderabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner / A.L on bail on his executing a personal bond for a sum of RS.1O,OOO/- (Rupees ten thousand only) with two sureties in a like sum each to his/her satisfaction. On such release, the petitioner/A.1 shall report before the said Station House Officer on every Sunday between O9:OO AM and 1O:OO AM, till filing

of the charge-sheet. The petitioner/A.1 shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigating officer in the investigation of the case.

5.

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

l SDi- NI.

ASSISTANT RE ISTRT\R //TRUE COPY// FoT ASSISTANT REGISTRAR To, The II Additional Metropolitan Sessions Judge, Hyderabad The XVII Additional Chief Metrgrotitan Magistrate at Nampally, Hyderabad The Station House Officer, Jgbilee Hills Police Station, Hyderabad District Two CCs to the Public Prosecutor (TG), High Court at Hyderabad (OUT) One CC to SRI. C SHARAN ffipDY {dvocate [OPUC] One spare copy .)

HIGH COURT DR.SAJ DATED:O9 /LL/2OL8 i l__d 13, 1,,.!

ORDER

.ec 't) CRLP.No.11656 of 2O18 BAIL