Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 19983 (AP)

Kumareshan @ Kumaresan Velu, v. The State of Andhra Pradesh

CRLP/5786/2025 · 2025-06-25

A Hari Haranadha Sarma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHG010280072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 578fi OF 2025 BETWEEN: Kumareshan @ Kumaresan Velu, S/o. Velu, Aged 25 years R/o 444 “du Sla.e°'"' Ti—^-lai Distric,^ ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Andhra Pradesh at Amaravati. rep by its Public Prosecutor, High Court of ...Respondent praying that in the circumstances of Criminal Petition, the High Court , RSASTF Police Station, petitioner/Accused No.3 on bail in the event of Crime No. 15/2025 of RSASTF Police Station Petition under Section 482 of BNSS stated in the Memorandum of Grounds may be pleased to direct the Station House Officer Tirupati District to release the his arrest in connection with Tirupati District. Counsel for the Petitioner:- SRI. D. PURNACHANDRA REDDY Counsel for the Respondent:- PUBLIC PROSECUTOR The Court made the following: .v/ / THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5786 OF 2025 ORDER: This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-arrest bail. The petitioner herein is arrayed as accused No.3/A3 in Crime No. 15 of 2. 2025 of RSASTF Police Station, Tirupati District, with the allegations of committing the offences under Sections 303(2) r/w 3(5) BNS, Section 49, 61(2) BNS and Section 20(1)(d)(i)(a) r/w 20(1 )(c) ii, iii, iv, x. Section 36(a) r/w 32-A, Section 29(4)(a)(i) of A.P. Forest Amendment Act, 2016. While claiming that petitioner is innocent and that there is no basis 3.‘ except the confession of the other accused, the prayer for grant of pre-arrest bail is made in this application. 4. Heard both sides. 5. Point for determination: Whether the petitioner/A3 is entitled for grant of pre-arrest bail in terms of Section 482 of BNSS? If so, on what terms? Case of the Prosecution: 6. [i] On 13.03.2025, on receipt of credible information about the illegal transpiration of Red Sandal Logs, the Police party proceeded towards Puttur and while checking entry, exit and dumping, loading points of red sandal, near Ramasudram Village, on Vepakunta Cross-Tirumala Kuppam Main Road Puttur Forest Section and Range, at about 5.00 a.m., the Police party found 2 vehicle moving very fast and that the same was stopped and two persons however, they were chased and caught. 112 red one in the car tried to escape sandal logs were found in the car, the two persons found in the car stated involvement of the other accused. The statement of the about the role, accused was translated into Telugu when they stated in Tamil, their names and Venkataesan/ A1 and A2 and they stated that for and quick money they habituated to red sandal smuggling and V.Kumareshan @Kumaresan Velu, i.e., the petitioner who said that he has contacts with another big smuggler Kumar, Arkonatti;A4, and involved in the activity of transporting labour as well as the are Ranjith Kumar earning easy they contacted one herein/A3, red sandal logs. [ii] Further, it is stated that Ranjith Kumar, acted as a driver for the vehicle arranged by the petitioner herein/A3 for transporting labour, for cutting the red sandal trees etc. and the petitioner/A3 asked the A1 and A2 to red sandal logs after dropping the labour. Accordingly, the logs transport the being carried to handover A4 at the place specified. petitioner/A3 along with others is liable for prosecution are [iii] Hence, the of Sections with which the case is registered. 7. The petitioner claimed that he is innocent, the case is foisted with false in terms the confession of the A1 and A2, there is no allegations and that except material to Tag him. Learned Assistant Public contending that the investigation is not yet completed and that release of the Prosecutor opposed granting of bail. 8. v / 3 f petitioner on pre-arrest bail, would affect the investigation process and custodial interrogation etc. are also necessary in this case. As per the FIR, 112 Red Sandal Logs are recovered, approximately the weight of the same said to be around 920 Kgs, certain cell phones. Car etc.. 9. were also seized. The case is under investigation. 10. Further, submission of the learned Assistant Public Prosecutor is that the petitioner will not be available for investigation and there is likelihood of tampering of evidence, custodial interrogation is also necessary as the offence is serious in nature. The punishment prescribed for prosecution of the offences is extended up to 10 years and not less than 5 years, and that the transportation of red sandal logs is done with conspiracy and common intention of all the accused. 11. In the context of gravity of offence, nature and depth of allegations, the prayer for grant of pre-arrest bail, found not convincing. Hence the petition is liable to be dismissed. Point is answered accordingly. 12. In the result, the Criminal Petition is dismissed. \ Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, RSASTF Police Station, Tirupati District. 2. One CC to SRI. D PURNACHANDRA REDDY Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Two CD Copies 't. \ \ HIGH COURT \ DATED:26/06/2025 ORDER CRL.P.No. 5786 OF 2025 o o ov 2 5 SEP 2025 o ^ Curreni ^eciion CRIMINAL PETITION IS DISMISSED.