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2025 DAILYLAW 43514 (AP)

Damodharan, v. The State of Andhra Pradesh,

CRLP/2807/2025 · 2025-04-02

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2807 OF 2025 Between: Damodharan, S/o Raman, aged 29 years, D.No.87, Melmurukamandai Village, Nagalur Post, Kanamalai Panchayat, Jamanamarthur Taluk, Tiruvannamalai District, Tamil Nadu State. Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati through Station House Officer, RSASTF Police station Tirupati, Chittoor District. Respondent/Complainant Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioners/ A-2 on Bail in connection with Cr.No.14 of 2024 of RSASTF Police Station, Tirupati, Chittoor District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri SRINIVASU L, Advocate for the Petitioner and of PUBLIC PROSECUTOR the Respondent and the Court made the following; for ¥ APHC010128562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY .THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2807/2025 Between: Damodharan ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.SRINIVASU L Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- ...RESPONDENT/COMPLAINANT This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A2, seeking regular bail, in Crime No. 14 of 2024 of RSASTF Police, Station, Tirupati, Chittoor District. 2. A case has been registered against the petitioner/A2 herein and others for the offences punishable under Sections 379 of IPC r/w 34 IPC, 120-B, 109 IPC and Sections 2 30(1)(d)(i)(a) r/w 20(1 )(c) ii, iii, iv, x, 36(a) r/w 32A, 29(4)(a)(i) of the A.P.Forest Amendment Act, 2016. The brief facts of the case are that on 31.01.2024 at about 3. 9.00 a.m. on receipt of credible information about red sender smuggling, the RSI along with staff reached distance of 100 meters towards south from Rajampet, Rayachoty Road, Near Odhiveedu Kasba, Errarajugaripalli Panchayathi, Sanipaya Forest Beat, Sanipaya Section and Range, District Forest Office Rajampet, Annamayya District and found some persons loading some logs in a car. Then the RSI arrested the accused and seized red senders. Thereupon, the RSI registered the same as a case in Crime No. 14 of 2024 and investigated into. Heard. Perused the record. 4. The learned counsel for the petitioner submits that the 5. petitioner/A2 was remanded to judicial custody upon the production of a P.T.Warrant and has been judicial custody since 04.02.2025 and the most of the investigation has been completed. He further submits that, based on confessions of co accused, the case was registered against the petitioner/A2 and no independent material has been collected showing his ¥ 3 y/ involvement in the commission of the offence. The petitioner belongs to Tamilnadu State. When ascertained the learned Assistant Public Prosecutor confirmed that the petitioner has only one antecedent. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation and this Court feels that further detention of the petitioner is not required. As most of the investigation might have been completed, as such, this Court is inclined to grant bail to the petitioner. ) J (i) The petitioner/A2 shall be released on executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class-cum-Special Court for Trial of Cases relating to Red Sanders Smuggling, Tirupati. (ii) After release, the petitioner shall appear before the Station House Officer concerned, once in a week for a period of three (03) months. (iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation. 4 6. Accordingly, the Criminal Petition is allowed. ISTRAR //TRUE COPY/ SE ON OFFICER To. The Judicial Magistrate of First Class-cum-Spl. Court for Trial of Cases Relating to Red Sanders Smuggling, Tirupati. The Superintendent, Sub-Jail, Tirupati The Station House Officer, RSASTF Police Station Tirupati, Chittoor District One CC to SRI. SRINIVASU L Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy 1. W 2. 3. 4. 5. KJ \ HIGH COURT TMR,J DATED:03/04/2025 BAIL ORDER CRLP.No.2807 of 2025 ALLOWED € ,17 m ® m, Co/^ <3