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2025 DAILYLAW 29842 (AP)

Mohammed Razul v. The State of Andhra Pradesh

CRLP/8599/2025 · 2025-08-29

Y Lakshmana Rao

body2025

Judgment text

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TWO THOUSAND AND TWENTY " E^5 IE T" honourable DrVusTICE y criminal PETITION NO; FIVE LAKSHMANA RAO 8599 OF 2025 Between: 1- Mohammed Razul, S/o Kathar Ibrahim Sayibu Street, Mannadi 2. Chapala Sankaraiah, ‘ Maruthinagar, Podalakuru District. Ibrahim, Aged 54 years, R/o. D? Chennai North-1 Tamil Nadu State. S/o. Penchalaiah, aged 63 R/o years and Mandal, Nellore Panchayathi Post 3. Suru Bujaiah, S/o. , Yeguvapali Village, Gudigunta Mandal, Nellore District. 4. S Kalaiyarasan, S/ov Suru Chinna Ramaiah, aged 46 years, R/o. panchayathi, Annantha Sagaram S3„,i O, , Siva.Vadivela, aged 45 years, D.No.3/13, KVK ■ ..Petitioners/Accused No.1 to 4 AND The State of Andhra Pradesh, Station House Officer RSASTF Police T.rupat, Rep. Py Public P.secutor High Court, Amaravathi Station, ...Respondent 437 & 439 of memorandum of Petition under Section 480 Cr.P.C), praying that i grounds filed in & 483 of BNSS (Old Sections in the circumstances stated iin the support of the. drffminal Petition pleased to enlarge the Petitioners/Accused 30 Of 2025 dated 15.07.2025 (RSASTF Police Station the Special Court in the cadre of Additional District Trial of Red Sanders Smuggling Cases Counsel for the Petitioners : Cou„ , fo,,,, Respondent : Assistant Public Prosecutor The Court made the following ORDER: the High Court may be 1 to 4 on Regular Bail in FIR No.’ Tirupati) on the file of and Sessions Judge for ’ ^•'■npati, on any conditions. : Mrs. Aishwarya Nagula 2 ORDER: This criminal petition has been filed under Sections 480 and 483 of the BharatiyaNagarikSurakshaSanhita, 2023, seeking to enlarge the petitioners- accused Nos. 1 to 4 on bail in FIR No. 30 of 2025 of RSASTF Police Station, Tirupati District, registered for the offences punishable under Section 303 (2) read with Section 3 (5), Sections49 and 61 (2) of the Bharatiya Nyaya Sanhita, 2023, Section 20 (1) (d) (i) (a) read with Section 20 (1) (c) (ii) (iii) (iv) (x). Section 36 (a) read with Sections 32-A and 29 (4) (a) (i) of A.P. Forest (Amendment) Act, 2016. Case of the prosecution is thaton 15-07-2025 at about 4 a.m. at the Tank area situated on western side of Kakivai Village, Kaluvai Forest Beat and Section, Ravuru Range, Nellore Forest Division, Chejarla Mandal, Nellore District, the petitioners were found and arrested while they were in possession of 57 planks, weighing about 1,244 K.Gs., of red sandalwood. Thereafter, the police seized the planks of red sandalwood, arrested the accused and remanded them to judicial custody. 2. 3. Mrs. Aishwarya Nagula, learned counsel for the petitioners,su bmits that the petitioners have not comrriitted any offence and they were falsely implicated in this case; they are the sole breadwinners of their families and they are ready to abide by any conditions imposed by this Court. She therefore urged to enlarge the petitioners on bail. 4. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor,vehemently opposed the grant of bail to the petitioners, submitting 3 that prima facie material is available against the petitioners that they had indulged in dealing with 57 planks, weighing about 1,244 K.Gs., of red sandalwood and that the investigation is still in progress. She therefore urged to dismiss the petition. 5. Heardlearned counsel for the petitioners and learned Assistant Prosecutor. Perused the record. Public 6. As seen from the record, the allegation against the petitioners-accused Nos. 1, 3 and 4 is that they had allegedly indulged in dealing with 57 planks weighing about 1,244 K.Gs., of red sandalwood. The petition against the petitioner-accused No. 2 is dismissed as not pressed. It is reported that there are two adverse antecedents of similar nature against the petitioner-accused No. 3. The alleged role of the petitioner-accused No. 3 is that he secured coolies for cutting red sandalwood trees. So far, only six witnesses have been examined. There are five similar adverse antecedents reported against the petitioner-accused No. 1. The petitioners were arrested on 15-07-2025 and have been in judicial custody for the past 47 days. 7. Considering the gravity and the nature of the allegations against the petitioners-accused Nos. 1 and 3 and their alleged role, this Court is not inclined to enlarge them on bail for the present. levelled 8. There are no adverse antecedents reported against the petitioner- accused No. 4. The alleged role of the petitioner-accused No. 4 is that he assisted the other accused by acting as driver of the vehicle. Considering the 4 gravity and the nature of the allegations levelled accused No. 4, this Court is inclined to enlarge him conditions; against the petitioner- on bail with the following (i) The petitioner-accused No. 4 shali be eniarged on baii subject to his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of learned Special Court in the Cadre of Additional District and Sessions Judge for Trial of Red Sanders Cases, Tirupati; Smuggling (ii) The petitioner-accused No. 4 shall House Officer concerned appear before the Station every Saturday in between 10 and 5 p.m. till cognizance is taken by learned trial Court; on a.m. (iii) The petitioner-accused No. 4 shall not leave the limits of the district without prior permission from learned Special Court in the Cadre of Additional District and Sessions Judge for Trial Sanders Smuggling Cases, Tirupati; of Red (iv) The petitioner-accused No. 4 shall commission of any offence in future' not commit or indulge in (V) The petitioner-accused No. 4 shall cooperate with the investigating officer in further investigation of the make himself available for interrogation by the investigating officer as and when required; and case and shall 5 (vi) The petitioner-accused No. 4 shall not, directly or indirectly, make any inducement, 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 police officer. The criminal petition is accordingly partly allowed. 9. SD/- K. KASIRAO ACHARI ASSISTANT^EGISTRAR SECTIC^OFFICER //TRUE COPY// i I To. 1. The Special Court in the Cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati. 2. The Superintendent, Sub Jail, Tirupathi District. 3. The Station House Officer, RSASTF Police Station, Tirupati. 4. One CC to Mrs. Aishwarya Nagula, Advocate [OPUC] 5. Two CCs to Public Prosecutor High Court of Andhra Pradesh [OUT] 6. One spare copy cvss \ HIGH COURT Dr.YLR,J DATED:30/08/2025 BAIL ORDER CRLP.No.8599 of 2025 PARTLY ALLOWED o t^SPK\j0 tn CJ> tr» 3= cP It