Andhra Pradesh High Court - Amravati
Moode Nagaraju Naik Gudumba Nagaraju ... vs The Satate Of Andhra Pradesh on 20 December, 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT TUESDAY THE TWENTIETH DAY OF DECEMBER _- TVO THOUSAND AND TWENTY TWO PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY © CRIMINAL PETITION NO: 9939 OF 2022 ° Sehween: ~Moode Nagaraju Naik @ Guournba Nagaraju @Nagaraju. S/o. Jayaram Natk, Age : 42 years, Rio.D.No. 12-407, Aninoday Nagar, Jeevakona, Tirupati, Trupatl District. Pettioner/Accused No.8 AND : 'The Satate Of Andhra Pradesh, rep by its Public Prosecutor, High Court af Andhra Fradesh, At Amaravati Respondent/Complainant Fefition under Sections 437° & 43g of Cr BC, pray ing that in the circumsiances Stated in the meme of grounds fled in support of the Criminal Relitian, fhe High Gourt may be pleased to release the getiticner/Accused No.9 on bail pending investigation, 'nguity and tial in Crime No, TOPfe02E OF RSASTF PS Tirupati, Chittoor Dstrict, "COUNSEL FOR THE PETITIONER > SRID PURNACHANDRA REDDY COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER ~ TRE HON'BLE SRI JUSTICE K. SREENIVASA REODY CRIMINAL PETITION NO.9936 OF 2022 ORDER:
The Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973, is fled on behalf of the petitioner/ Accused No.9 to grant regular ball in cannection with Crime No.i6? of 2022 of RSASTF Police Station, Tirupati, Chittoor District.
2) & case has been registered against the petitioner and others for the offences punishable under Sections 379 rfw 34 IPC, Sections 2001 Kd} ia) ray 20C1 Mc), 1, TW) iv, x, 36fa) nav 324A, 2904)(aig) of the AP Forest Amendment Act, 2016.
3} Srief facts of the case are that, on 19.11.2022 at about 05.00 o.m., Reserve Sub-Inspector of Police, Red Sanders Ant Smuggling Task Force, Tirupatl along with his team members while conducting combing duty and when reached near Sheshachalam Reserve forest, 7" mile, by the side of Tirupathi ~ Tirumala Down Ghat Road, Alllpirl Beat, T.N Palyam Section, Tirupat! Range, found the petitioner and others carrying some logs on their shoulders. On seeing the arrival of police party, they tred to escape by leaving the carrying logs. Immediately, police surrounded the petitioner and caught him. On searching the surrounding area, 20 red sander fogs were found loaded in Ashok Leyland Dosth vehicle bearing No.APOS TO 1533 and 10 red sander logs were found on the road, total 30 logs were found. Accused were arrested and logs were seized under the cover of police proceedings,
4) Heard. Perused the record, 5} ft is submitted by the learned counsel for the petitioner that entire investigation is commisted and the petitioner is in jal since 19.11.2022, and hence, he prays to consider request of the petitioner for grant of ball.
$8) It is submitted by the learned Special Assistant Public Prosecutor that major oortion af investigation is completed, 7} In view of the above facts and circumstances of the case, this Court is Inclined to grant ball ta the petitioner/AQ, on the Following conditions.
€) The petitioner shall be released on ball on execuling 4 personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the learned Judicial Magistrate of First Class-cum-Special Court for trial of cases relating | to Red Sanciers Smuggling, Tirupatl.
(} On release, the petitioner shall appear before the Station House Officer, RSASTF Police Station, Trrupati, ance In a week ie., on every Sunday between 10.00 a.m. and O1.00 o.m., til filing of charge sheet,
(i) The petitioner shall not directly or indirectly contact or 'threaten the witnesses under any circumstances and any such attemiot shall be construed as an attempt of influencing the witnesses and shall not tamper evicience ard shall co-operate with the investigation.
It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions wil be viewed seriously and prosecution is at liberty to move an application for cancellation af the bail.
8) Accordingly, the Criminal Petition is allowed.
Sd/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR HNIRUE GORI! For ASSISTANT REGISTRAR Te, 3, The Judicial Magistrate of First Class for trai far cases relating fo Red Sander Smuggling , Tirupathi.
The Superintendent, Sub Jal, Tirupathi. The S.H.O, RSASTF PS . Tinupati (istrict. ~ One CC ta SRI D PURNACHANDRA REDDY Advocate [OPUC} Two (Cs to Public Prosecutor, High Court of AP [OUT] One spare copy 1 op pe te BO HIGH COURT SRK DATED: 20/4 22022 BAL. ORDER CRLP.No.9839 of 2022 ALLOWED