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2025 DAILYLAW 14214 (AP)

D SURESH v. THE STATE OF ANDHRA RPADESH

CRLP/3789/2025 · 2025-04-21

T Mallikarjuna Rao

body2025

Judgment text

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~/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY, THE TWENTY FIRST DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3789 OF 2O25 Bet\^,een : ;t D.Suresh, S/o P. Dhanaraj, aged 36 years, R/o. D.No.1-150, ~~ Thimmasanipalli, Harijanawada Village, AnuppaIIi Panchayath, lruvaram / Post, Chittoor Mandal and District. ...Petitioner/Accused No.3 AND The State of Andhra Rpadesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. ...Respondent Petition under Section 480 & 483 of BNSS, 2023 Old Provision under section 437 & 439 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioner/accused No.3 on bail, pending investigation, inquiry and trial in Crime No.ll/2025 of RSASTF Police Station, Tirupati District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri D.Purnachandra Reddy, Advocate for the Petitioner and Public Prosecutor for the Respondent; APHCO10175292025 // lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction)- [3369] MONDAY',THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3789/2025 Between I. D Suresh ."PETITIONER/ACCUSED AND The State Of Andhra Rpadesh I..RESPONDENT/COMPLAINANT counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY counsel for the Respondent/comp]ainant-. - 1.PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the petitioner/A3, seeking bail, in crime No.ll/2025 of RSASTF Police Station, Tirupati. 2. The above said crime Was registered againStthe Petitioners herein and others for the offence punishable u/see.303(2) I/w 3(5), 49, 61(2) of -+as.5--JS B.N.S and Sec.20(1)(d)(i)(a) r/w 20 (1)(c) ii, 'Iii, iV, X and Sec.36(a) r/w 32A, Sec.29(4)(i)(a) of A.P. Forest (Amendment) Act, 2016. 3. The case of the prosecution in brief is as follows: On 05.3.2025 at about 9.00 pm, on NeIIore-Gudur National Highway near Chavatapalyam; Venkatachalam Forest Beat, Amancherla Forest Section, Nellore Forest Division and Range, and found one Bolero vehicle coming from NeIIore side and the driver of the vehicle saw the police and `stopped he vehicle and 3 persons got down from the vehicle and tried to escape. Then police apprehended said three persons and on enquiry, they disclosed their identity particulars as Al to A3 and police found 23 red sander longs in their possession in the vehicle. police arrested them, seized the logs and vehicle. 4. Learned counsel forthe petitionercontended that the petitioner has been in judicial custody from 06.3.2025 and most of the investigation might be completed by this time and prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor submitted that the investigation is not completed and some more witnesses are {o be examined and opposed to grant bail. 6. Heard both sides. 7. A perusal of material on record goes to showtha{Al toA3 were arrested and-23 red sander logs were seized. The petitioner has been in a -=_ / judicial custody from 06.3.2025 and by this time most of the investigation pertaining to the role played by the accused might be completed. As the petitioner has been in judicial custody from 06.3.2025, this Court found that further detention of the petitioner is not necessary to conduct further investigat.ion. When ascertained, learned Assistant Public Prosecutor submitted that no antecedents are repo.rted against the petitioner. The petitioner has permanent abode at Chittoor Mandal as such there is no possibility of his fleeing away from just'lce. Most of the witnesses are official w'ltnesses and the release of the accused would not cause tampering of evidence and hampering of investigation. ln view of the same, this Court is inclined to grant bail {o the petitioner. 7. In the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A3 herein shall be released on his executing a personal bond for Rs.10,000/-(Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicia'l Magistrate of First Class-Gum-Special Court for trial of cases relating {o Red Sanders Smuggling, Tirupati; (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 12.00 noon, for a period of three (03) months; E= ' __T E I # To, (iii) the petitioner sha" not interfere in the inves{iga{ion and he shall not cause tampering of evidence of hampering of investigation. ...\'/i|\ .sD/-P.V[N6b.g{uMAR. I ASS //TRUE COPY// Fa GIST-BAR sECT!ON OFFICER 1. The Judic['al Magistrate of First CIass for trI®a[ Of Cases relatI'ng tO Red Sander smuggling, Tirupati. 2. The SuperI-ntendent, Sub-Jail, Tirupati. 3. The Station House officer, RSASTF Police Station, Tirupati District. 4. One CC to Sri. D.Purnachandra Reddy, Advocate [opuc] 5. Two CCs to Public Prosecutor, HI-gh Court ofAP [O'UT] 6. One spare copy MM v' HIGH COURT TMR,J DATED:21/04/2025 ORDER CRLP.No.3789 of 2025 ALLOWED rfu- .