lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR CRIMINAL PETITION NO: 5782 OF 2025 Betwee n : 1. Chinnaraj Chinnapalyan, S/o Chinnapalyan, Aged about 38 years, R/o D.No.l97, Athipa{tu Village and Post, Kovilur Panchayat, Jamanamarthur Taluq, Timvannamalai District, Tamilnadu State.(A.1 ) 2. P. Ganesan, S/o Panner, Aged about 28 years, R/o Vannandurai Village, Sangkuppam Post, Ambur Panchayat and Taluq, Vellore District, Tamilnadu State.(A.3) 3. . Suresh Govindaswamy, s/o Govindaswamy, Aged about 33 years, R/a D.No.59, Pattikudl-sai village, KaIIalmedu, Jathakollal Post anc! Panchayat, Anaicut Taluq, Vellore District, Tamilnadu State. (A.7) 4. Ajith Samynathan, s/o samyanathan, Aged about 23 years, R/o Naduor Village, Naickaneri Panchayat and post, Ambur Taluq, Tirupathur District, Tamilnadu State.(A.8) ...Petitioners/Accused No.1,3,7 & 8 AND The State of Andhra Pradesh, Rep. by the public Prosecutor, High Court for The State of Andhra Pradesh At Amaravathi, through s.H.O., RSASTF P.S., Tirupathi. ...Respondent/Complainant PetitI-On under Sections 480 & 483 of BNSS, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal PetltI-On, the High Court may be pleased to enlarge the Petitioners/Accused No.1,3,7 and 8 on bail in connection wI|th Crime No. .19 of'r 2025 of RSASTF P.S., Tirupathi. The Petition coming on for hearing, upon perusing the petl-tI-On and the' memorandum of grounds filed in support thereof and upon hearing the arguments of SRI SRINIVASU L Advocate for the petI'tiOnerS, and Of PUBLIC PROSECUTOR, for the Respondent, the court made the following THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRIMINAL PETITION NO:5782 of 2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity tthe BNSS'), seeking to enlarge the petitioners/Accused Nos.1, 3, 7 and 8 on bail in Cr.No,19 of 2025 of RSASTF Police Station, Tirupati District, registered against the petitioners/Accused Nos.1, 3, 7 and 8 herein and others for the offence punishable under Sections 303(2) r/w 3(5), 49, 61(2) of BNS and Section 20(1)(d)(i)(a) r/w 20(1 )(c) ii, iii, iv, x, 36(a) r/w 32A of A.P. Forest (Amendment) Act, 2016. 2. The case of the prosecution, in a nutshell, is thatthis is a case of criminal conspiracy, abetment to commit the offence, trespass -Into reserve forest without permission, cut the live red sander trees and committed theft and trying to shift by loading for the purpose of smuggling red sander logs that occurred on 25.04.2025 at 6.OO a.m., near Quarry Point, Veeraballi Forest Beat, Sanipaya Section and Range, Veeraballi MandaI, Annamayya District, in which accused Nos.1 to 8 were arrested and 12 red sander logs, weighing 316 kgs, Honda Shine motor cycle No.AP-39-RD-3392 and 7 cell phones were seized from their possession. `. 6-,-I 3. Heard learned counsel for the petitioners/Accused Nos.1, 3, 7 and 8 and the learned Assistant PublI-C Prosecutor. perused the record. 4. Sri L.SrinI'VaSu, the learned counsel for the PetI-tl®OnerS/Accused Nos.1, 3, 7 and 8 submits that the petitioners have not committed any offence; they were falsely implicated by the POIice in the crime; they are the sole breadwI'nnerS; they would abide by any conditions to be imposed by thI-S Court; and urged {o allow the petition. 5. Per confra, Ms. K.Priyanka Lakshmi, the learned Assistant Public Prosecutor, opposed jn granting of bal'l stating that some more material witnesses have to be examined,I investigation is not completed,-if the petitioners/Accused Nos.1, 3, 7 and 8 are enlarged on bail, they would not be available for the I-nVeStl'gatl-On and they would escape from the clutches of law,- and urged to dismiss the bail petition. 6. As seen from the record, the petitioners/Accused Nos.1, 3, 7 and 8 have been in the judicial custody for the past 47 days. The Petitioners/Accused Nos.1, 3, 7 and 8 are resident of TamI'Inadu state. If the petitioners/Accused Nos.1, 3, 7 and 8 are enlarged on E= ( _ frstJf-rf: I ?I?-LT •rfu , 'S} bail with stringent conditions, they would not flee away from the clutches of the law, and interest of the just-Ice would be served. 7. Keeping in view Of the Period Of detention undergone by the petitioners/Accused Nos.1, 3, 7 and 8 in judicial Custody for more than 47 days, the nature and gravity Of allegation levelled against the petitioners/Accused Nos.1, 3, 7 and 8, and the-lr alleged role in the case, this court is inclined to enlarge the petitioners/Accused Nos.1, 3, 7 and 8 on bail with the following Str-lngent COnditiOnS. 8. ln the result, the Criminal Petition iS allowed with the following conditions: i. The petitioners/Accused Nos.1, 3, 7 and 8 shall be enlarged on bail subject to executing a bond for a sum of Rs.20,00-0/- (Rupees twenty thousand Only) each, with two sureties for the like sum each tO the satisfaction of the learned Judicial Magistrate of First class for Trial of Cases relating tO Red Sander smuggling, Tirupati. The petitioners are Permitted tO furnish the sureties from the state of Andhra Pradesh. ii. The petitioners/Accused Nos.1, 3, 7 and 8 shall appear before the station House Officer, RSASTF police station, Tirupati District, once in a month On every fourth saturday in between 10:00 am and 05-.00 ..I-_ + Pm, tI'll COgnizance is taken by the learned the Trial Court. iii, The petitioners/Accused Nos.1, 3, 7 and 8 shall not commit or indulge in commission Of any Offence in future- lV, The petI®{iOners/Accused Nos,1, 3, 7 and 8 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the I-nVeStigating Officer aS and when required. v, The petitioners/Accused Nos.1, 3, 7 and 8 shall not, directly or indirectly, make any l'nducement, threat Or Promise tO any person acquainted With the facts Of the case so as to dissuade him/her from disclosing such facts to the court or to any poll-ce officer. _.~~~__~^|l®__-,.I.=£|il.~ >-_ _ - - sD/- K.SRINIVASA RAJ-U ASSISTANT RE House Officer, RASS+F Police Station, Tl-rupathi, Tirupathi //TRUE COPY// I SECTION OFFICER Ft ___..`_l` To, 1-The Judicial Magistrate of First class for Tn'al of Cases relating to Red sander smuggling, Tirupathi, ChittOOr District 2- The Superintendent, sub_Jail, TiruPathi, Tirupathi District 3. The Station District one cc to sRl. SRINIVASU L Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court of Andhra pradesh [OUT] 6. One spare copy PSR ise fj. ..,i I-- fR \ HIGH COURT TCDS,J DATED:12/06/2025 BAIL ORDER CRLP.No.5782 of 2025 ALLOWED .*±v -..