Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 30311 (AP)

Ezhumalai v. The State of Andhra Pradesh

CRLP/8731/2025 · 2025-09-03

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI V~ THURSDAY, THE FOURTH DAY OF SEPTEMBER, L+Z TWO THOUSAND AND TWENTY FIVE I-- a,RESENT: l,, THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8731 OF 2025 \rf Between : ts>, I 1. Ezhumalai, S/o. Kumar Swamy Aged 35 years, R/o. Keela Gundaram Kalikkadu, Villipuram Tamil Nadu. \~ 2. Senif~S/o. Raman, Aged 29 years, R/o. 8-8, Meltheru, Koodaram, Keelakaadu, Gundaram kalikkadu, ViIIipuram, Tamil Nadu.\ff~ - I-- 3. Anbazhagan, S/o. Pachiyan, Aged .40 years, R/o. 48, Kattukottai, Keelakkadu, Gundaram ka!ikkadu, ViIIipuram, Tamil Nadu. ur \Jf _ I 4. Raman, S/o. Chinna Pichan, Aged 40 years, R/o. 48, Katttrkottai, Venkalur, Keelakaadu, Gundaram kalikkadu, ViIIipuram, Sankarapuram, Tamil Nadrf `` RE IE= 5. Annadurai, S/o. Rangaswamy, Aged 40 years, R/o. 85, Melstreet, Kalipparai, Keelakaadu, Gundaram Kallikaadu, Villipuram, Tamilnadu tr-'` rf 6. Kuppuswamy, S/o. Lakshmanan, Aged 41 years, R/o.108, West€treet, Gundaram, Keelakkadu, Gundaram Kallikkadu, ViIIipuram, Tamil Nadu. \~ 7. Mani, S/o. Kuzhanthai, Aged 39 years, R/o.107, Meltheru, Koodaram, Kilakkj}du, Viilupura~T, Sankarapuram, Tamil Nadu State ~ le,J' Petitioners/Accused No.1 to 7 AND The State of Andhra Pradesh, rep by its Public Ff{;secutor, High Court of Andhra Pradesh, At Amaravati. Respondent rf, off Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to release the petitioners/accused no. .1 to 7 on bail, pending investigation, inquiry and trial in POR.No.36/2025-26 of Flying Squad Party, Piler. ul Lrz The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of srl'. D PU-RNACHANDRA REDDY, Advocate for the Petitioners and of PUBLIC PROSECUTOR, for the Respondent; TL__ A_.._I __I_ 1I_ _ I_ll:____:___. ^nnrr`_ ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(s).I 1. D PURNA CHANDRA REDDY 2. D PURNACHANDRA REDDY Counsel for the Respondent/complainant.I 1.PUBLIC PROSECUTOR The Court made the following Order : The CrI'minal Petition has been fI-led under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity fthe Cr.P,C.I)/ Sections 480 and 483 of the Bharatiya Nagarjk Suraksha Sanhita, 2023 (for brevI'ty {the BNSS'), \ seeking {o enlarge the Petitioners/Accused No.1' to 7 on bail in POR No.36/2025-26, of Flying Squad Party, Piler, registered against the Petitioners/Accused No.1 to 7 herein for the offences punishable under Sections 303(2) read wI-{h 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity {BNSJ, 49, 61(2) of BNS, under Section 20(1)(c)(ii)(ill-)(iV)(Vi) and (X), 32, 32A, 32B of A.P.Forest Amendment Act,1967 and Contravention of the Rule 3 of A.P.Sandal Wood and Red Sanders Wood Transit Rules, 1969 and liable under section 20(1)(d)(i)(a) and (b), 36(a) of A.P.Forest Act, 1967 (as amended by A.P.Forest Act 15 of 2016). 2. Thecase of the prosecutI-On iSthat On 17.07.2025 at ll p.m, the Flying Squad Division, Piler, on receipt of credible information, proceeded to Bhakarapeta- Rompicherla - Pulicherla - Chittoor and to the unknown destinations at Tamilnadu and laid watch near MGR College, Kallur Cross on Piler - Chittoor Road. The Forest Officers noticed one Maruthi Suzuki car f-` ,-`(I---> bearing No.AP 03 S 37.13, which is coming from pulicherla towards Chittoor Highway. On seeing the police, Accused No.8 jumped from the car and the Police with the help of staff apprehended the Accused 1 to 7 and checked the vehicle, found 13 red sander logs, weighing about 403 Kgs, which was seized by the Police and registered above case. 3. Sri D. Purna Chandra Reddy, the learned counsel for the Petitioners contends that the Petitioners are innocent of the alleged offence and have been falsely implicated by the police. The Petitioners undertakes to strictly adhere to any conditions that may be imposed by this court, and prays that the Petition be allowed l'n the interest of justice. 4. Perconfra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor submittl-ng that after thorough investigation, a charge sheet was filed, but it Was not yet numbered. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the Petitioners/ Accused No.1 to 7, as per the case of the prosecution, is that they acted as coolies for cutting down the red sandal trees and converting them into wooden logs and transporting the same in one Maruti Suzuki car along Accused No.8 as driver of the said vehicle. ln that Maruti Suzuki car,13 logs, weighing about 403 Kgs were allegedly transported. -The Petitioners were arrested on 18.07.2025. They have been in judicial custody for the past 50 days. All the Petitioners are Gundaram Kalikkadu Village, Villipuram, Tamilnadu. 7.I ln view offiling of the Charge Sheet, considering the nature and gravity of allegation levelled against the Petitioners, and their alleged role played in this case, this Court is inclined to enlarge the Peti{I'OnerS No.1 to 7 on bail with the following stringent conditions: i) The Petitioners/Accused No.1 to 7 shall be enlarged on bail subject to their executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Junior Civil Judge -Gum-Judicial Magistrate of I CIass for trial of cases relating to Red Sanders Smuggling for the State of Andhra Pradesh, Tirupati. 'li) The Petitioners/Accused No.1 to 7 shall appear before the station House Officer concerned, on every Saturday in between10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii) The Petitioners/Accused No.1 to 7 shall not leave the limits of the District without prior permission from the Station House Offl'cer concerned. iv) The Petitioners/Accused No.1 to 7 shall not commit or indulge in commission of any offence in future. v) The Petitioners/Accused No.1 to 7 shall co-operate with the investI-gall-ng Officer in further investigation of the case and shall make themselves available for interrogation by the investI'gating offl'cer as and when required. vI') The Petitioners/Accused No.1 to 7 shall not, directly or I-ndireCtly, make any I-nduCement, threat or promise to any person acqL,ainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. Accordingly, the Criml-nal Petition is allowed. \ SD/-M. PRABHAKAR RAG //TRUE COPY// ASSISTANT SEC" iSTF{AR N OFFICER To, 1. The Junior Civil Judge Gum Judicial Magistrate of First class for Trial of Cases relating to Red Sanders Smuggling for the State of Andhra Pradesh, Tirupati. L~-, \; 2. The Forest Range Officer, Flying Squad Party, Piler, Chittoor District. 3. The Superintendent, Sub Jail, Piler, Chittoor District. `tsdff~~ 4. One CC to Sri. D PURNACHAThi)RA REDDY, Advocate [OPUC] 5. Two CCs to PUBLIC PRctSEcuTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. Onesparecopy erf` JSS '\ HIGH COURT DR.YLR, J DATED :04/09/2025 BAIL ORDER CRLP.No.8731 of 2025 ALLOWED ---- th*` =~xpJrfedide\