Andhra Pradesh High Court - Amravati
P. Murugan, vs The State Of Andhra Pradesh, on 23 June, 2025
APHC010265742025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
MONDAY,THE TWENTY THIRD DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 5586/2025
Between:
P. Murugan, and Others ...PETITIONER/ACCUSED(S)
AND
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
1. SRINIVASU L
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C')/Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Cr.No.72 of 2017 of RSASTF Police Station, Tirupati, registered against the petitioners/Accused Nos.1 and 2 herein for the offence 2 Dr. YLR, J Crl.P.No.5586 of 2025 Dated 23.06.2025 punishable under Sections 397, 379, 353 of 'the IPC' read with 34 of 'the IPC', Sections 20(1)(d)(i) (a) read with 20(1)(c) ii, iii, iv. x, 36 (a) read with 32A of the Andhra Pradesh Forest Act, 1967 and Police Firing.
2. The learned Judge, Special Court for Trial of Cases relating to Red Sanders Smuggling,Tirupati, has been conducting the Trial in RSS SC No.239 of 2022 for the offence punishable under Sections397, 379, 353 of 'the IPC' read with 34 of 'the IPC', Sections 20(1)(d)(i) (a) read with 20(1)(c) ii, iii, iv. x, 36 (a) read with 32A of the Andhra Pradesh Forest Act, 1967 and Police Firing.
3. The learned Trial Court has commenced the trial and examined as many as five witnesses. In the course of the trial, the petitioners, being Accused Nos. 1 and 2, have not appeared before the learned Trial Court, enabling the witnesses of the prosecution to identify the petitioners before the Trial.
4. The learned Trial Court was constrained to issue NBW against the petitioners on 10.02.2025. As the petitioners did not choose to appear before the learned Trial Court for cooperating with the Trial, the police were constrained to execute the NBW and produced the petitioners before the learned Trial Court on 13.03.2025. The learned counsel for the petitioners seeks to enlarge the petitioners on bail with some conditions and 3 Dr. YLR, J Crl.P.No.5586 of 2025 Dated 23.06.2025 undertakes that the petitioners would abide any conditions and cooperate with the Trial.
5. Per contra Mr. Neelotphan Ganji, the learned Assistant Public Prosecutor, opposed the bail application on the ground that the trial is going on, and the petitioners would not be cooperating with the learned Trial Court, if they are enlarged on bail.
6. Heard both the learned counsel. Perused the record.
7. The learned Special Judge, observed in his order dated 22.04.2025 in Crl.M.P.No.1549 of 2025 in RSS SC No.239 of 2022 that the petitioners had violated the bail conditions and did not cooperate in the completion of the trial by examining the witnesses. The learned Trial Judge had felt that it was very difficult to secure the presence of the petitioners if bail was granted to them.
8. As seen from the record, trial is progress and as many as five witnesses have been examined by the date of dismissing the Criminal Petition filed by the petitioners before the learned Trial Court. The case is of the year, 2017 which is one of the oldest cases pending before the learned Trial Court. It is axiomatic that if the petitioners are enlarged on bail they would hamper the progress of trial by not attending the Court. 4
Dr. YLR, J Crl.P.No.5586 of 2025 Dated 23.06.2025
9. Therefore, for the effective completion of the trial within a reasonable time, the request of the petitioners at present cannot be considered. Hence, this Criminal Petition is dismissed with a direction to the learned Special Judge, in RSS SC.No.239 of 2022 on the file of the learned Judge, Special Court for Trial of Cases relating to Red Sanders Smuggling, Tirupati, to conclude the trial as for as possible within a period of two (02) months and pass appropriate judgment as per the merits of the case.
10. With the above observation, the Criminal Petition is dismissed.
As a sequel, Miscellaneous petitions, if any pending, shall stand closed.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 23.06.2025 RSI 5 Dr. YLR, J Crl.P.No.5586 of 2025 Dated 23.06.2025 126 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.5586 of 2025 Date:23.06.2025 RSI