Andhra Pradesh High Court - Amravati
V Gunasekharan vs The State Ofap on 21 October, 2021
[3240] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF OCTOBER, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANT CRIMINAL PETITION NO: 5412 OF 2021 NY Between: V.Gunasekharan @ Guna, S/o. A.\Veerappan, Aged about 35 years, No.10, Roja Street, Avinthangal Village, Cheyyar Taluk, Tirumani Post, Thiruvannamalai District, Tamilnadu State. .. Petitioner/Accused No.6 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Amaravathi, Through Station House Officer, Narsingarayanipet (N.R.Pet) Police Station, Chittoor District. . .Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.6 on bail in Crime No.17 of 2017 dated 12.05.2017 of Narsingarayanipet (N.R.Pet) Police Station, Chittoor District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Ravula Nagarjuna, Advocate for the Petitioner and Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.5412 of 2021 ORDER:-
This petition is filed under Sections 4387 and 439 of Code of the Criminal Procedure, 1973 {for short 'Cr.P.C.') seeking regular bail to the petitioner/A-6 in connection with Crime No.17 of 2017 of Narsingarayanipet (N.R.Pet) Police Station, Chittoor District for the offences punishable under Sections 447, 379, 411, 403 r/w 34 of the indian Penal Code, 1860, Section 32(B), 36 of Andhra Pradesh Forest Act, 1967.
2. The case of prosecution is that on on 12.05.2017 on information police rushed to Chittoor-Tiruttani Road, at AMC check post, Ananthapuram Complex, Chittoor Mandal and while checking the vehicles, arrested the accused and seized 10 Red Sandal logs weighing about 317 KGs, a Skoda Octavia Car from his possession while petitioner along with other accused were transporting red sandal logs from Seshachalam forest to Tamilnadu State and seized the same under a cover of mediators report. Basing on the said report, present crime was registered. Q
3. Heard Sri Ravula Nagarjuna, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that basing on the confession of A-1, petitioner is arrayed as accused. He spomits that investigation in this case is completed and feeen 08.08.2021 petitioner was arrested and sent to judicial custody and from the last 74 days he is languishing in jail. Hence, his case may be considered for grant of bail.
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3. Learned Assistant Public Prosecutor does not dispute the fact that petitioner ig languishing in jail from the last 74 days and investigation is completed.
6. Heard the learned counsel on either side and perused the material on record. As petitioner is languishing in jail from the last 74 days, he is entitled for default bail as observed in Rakesh Kumar Paul vs. State of Assam!, wherein it was held that:
30. In view of the above discussion, my findings are as follows:
|. | agree with both my learned brothers that the amendment made to the Prevention of Corruption Act, 1988 by the Lokpal and Lokayuktas Act, 2013 apphes to all Accused Charged with offences under this Act irrespective of the fact whether the action is initiated under the Lokpal and Lokayuktas Act, 2013, or any other law:
2. Section 1O7(2)(a}i) of the Code is applicable only in cases where the Accused is charged with 4) offences punishable with death and any lower sentence; {ii) offences punishable with life imprisonment and any lower sentence and (in) offences punishable with minim sentence of 10 years;
3. In all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment then Section 167(2){a}(ii) will apply and the Accused will be entitled to grant of 'default bail' after 60 days in case charge-sheet is not filed.
%. The right to get this bail is an indefeasible right and this right must be exercised by the Accused by offering to furnish bail, * 2017 (2) ALT (Crl.) 144 (SC)
7. In view of the observations in Rakesh Kumar Paul's case supra}, petitioner is entitled for default bail.
8. Accordingly, the Criminal Petition is allowed. The petitioner / A-6 shall be enlarged on bail in connection with Crime No.17 of 2017 of Narsingarayanipet (N.R.Pet) Police Station, Chittoor District, on executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of Ill Additional Judicial Magistrate of First Class at Chittoor. Consequently, miscellaneous applications pending, if any, shall stand closed.
A Sods. Vatarao | > ¢ EFICER TRUE COPY! SECTION ¢ STANT RE Gis TRA For ASSISTAN! REGIS Enns To of First Class at Chittoor.
Lo | sc Die to Sri. Ravula Nagarjuna, Advocate | 'ourl 5 Two CCs to Public Prosecutor, High Cou 6, One spare COPY MM HIGH COURT LKJ DATED:21/10/2024 ORDER CRLP.No.5412 of 2021 ALLOWED