Andhra Pradesh High Court - Amravati
Annmalai vs The State Of Andhra Pradesh on 23 May, 2024
APHC010216242024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
THURSDAY ,THE SIXTEENTH DAY OF MAY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI
PRATAPA
CRIMINAL PETITION NO: 3300/2024
Between:
ANNMALAI, S/O.RAJI, AGED ABOUT 45 YEARS, R/O.D.NO.L 1,
VEDANTHOPU VILLAGE, KOVILUR POST, JAMANAMATHUR
TALUK, THIRUVANNAMALAI DISTRICT, TAMIL NADU STATE.
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, Rep.by its Public Prosecutor,
High Court of A.P., at Amaravati Through Station House Officer,
RSASTF Police Station, Tirupati.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. SRINIVASU L
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR (AP)
The Court made the following
ORDER :
This Criminal Petition under Sections 437 and 439 of Code of Criminal Procedure (for short 'Cr.P.C.'), has been filed by the petitioner/A.1 seeking regular bail in Crime No.19 of 2024 of RSASTF Police Station, Tirupati, Chittoor District registered for the offence punishable under Sections 379 read with 34, 120-B, 109 of Indian 2 VJP,J Crl.P.No.3300 of 2024 Penal Code (for short 'IPC'), Section 20(1)(d)(i)(a) read with Section 20(1)(c)(ii)(iii)(iv)(x), 36(a) read with 32A of A.P. Forest (Amendment) Act, 2016.
2. Case of the prosecution, in brief, on 12.02.2024 at about 6.30 a.m., on receipt of credible information about red sanders smuggling, the Reserve Sub Inspector of police, RSASTF, Tirupathi and his staff attended checking of dumping, loading, entry and exit points and found accused persons carrying red sander longs. On seeing the police, they tried to escape from the place. Immediately the police party arrested A.1 only, the remaining accused were escaped from the place. During interrogation, the police seized 04 red sander logs weighing 117.7 kgs. Hence, the crime.
3. Heard Sri L.Srinivasu, learned counsel for the petitioner and Sri P.M.Mithileswara Reddy, learned Special Assistant Public Prosecutor representing the State/Respondent.
4. Learned counsel for the petitioner would submit that the petitioner has been in judicial custody since 12.02.2024. He further submits that investigation is completed and charge sheet is also filed. Hence, learned counsel prays to enlarge the petitioner on bail.
5. On the other hand, learned Assistant Public Prosecutor would submit that in case of considering the petitioner's application, 3 VJP,J Crl.P.No.3300 of 2024 Court may impose conditions to ensure the presence of the petitioner at the time of trial.
6. Considering the submissions made and as the investigation is completed and charge sheet is also filed, it is desirable to release the petitioner on bail.
8. In the result, the Criminal Petition is allowed with the following conditions:
i. The petitioner herein shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned Special Court in the cadre of Additional District & Sessions Judge for Trial of Cases relating to Red Sanders Smuggling cases, Tirupati. ii. On release, the petitioner shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., till he receive summons from the trial Court.
iii. The petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. iv. It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above 4 VJP,J Crl.P.No.3300 of 2024 conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
________________________________ VENKATA JYOTHIRMAI PRATAPA,J Date: 23-05-2024 AG 5 VJP,J Crl.P.No.3300 of 2024 THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.3300 of 2024 DATE : 23.05.2024 AG