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2025 DAILYLAW 52473 (AP)

THEERTHAGIRI v. The State of Andhra Pradesh

CRLP/10959/2025 · 2025-10-30

Y Lakshmana Rao

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATt FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSANDAND TWENTY FIVE -■ ■■ ' • :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10959 OF 2025 Between: Theerthagiri, Aged about 53 years, S/o. Muthu, 88 Middle Street, Kottavalavu, Sangarapuram, Gundaram, Vilupuram District, Tamilnadu State. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati through Station Forest Range Officer, Forest Squad Party, Piler, Chittoor District. Respondent/Complainant 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 Petitioner/ A-1 on Bail in connection with O.R. No. 52/2025-26 of Station Forest Range Officer, Forest Squad Party, Piler, chittoor District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. SRINIVASU L, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent: The Court made the following ORDER: 2 Dr. YLR, J Crl.P.No.l0959 of2025 Dated 31.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accu sed No.1 on bail in O.R. No.52/2025-26 of Station Forest Range Officer, Forest Squad Party, Piler, Chittoor District, registered against the petitioner/Accused No.1 herein for the offences punishable under Sections 303 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 49, 61(2) of ‘the BNS’ and Sections 20 (l)(C) ii, iii iv, vi, X, 32, 36(a) of the Andhra Pradesh Forest Act, 1967 read with Rule 3 of the Andhra Pradesh Red Sanders Wood Transit Rules, 1969. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioner/Accused No.1 is that he acted as coolie for cutting down the red Sander trees and converting them into five logs weighing about 147 KGs for transportation at the request of the other accused. The petitioner 3 Dr. YLR, J CrI.P. No. 10959 of 2025 Dated 31.10.2025 was spot arrested. There are no similar adverse antecedents reported against the petitioner. The petitioner is a permanent resident of Kottavalavu, Sangarapuram, Gundaram, Vilupuram District, Tamil Nadu State. He has got fixed abode. If he is enlarged on bail with some stringent conditions, he may not evade the process of law. So far, seven witnesses have been examined, and they are all official and material witnesses. Insofar as the alleged role played by the petitioner is concerned, the investigation is completed. The petitioner may not be in a position to threaten the witnesses, and tampering with the evidence or hampering the investigation may not arise. No petition was filed seeking custodial interrogation of the petitioner. Considering the facts and circumstances of the case, the nature 4. and gravity of the allegations levelled against the petitioner/Accused No.1, this Court is inclined to enlarge the petitioner/Accused No.1 on bail, subject to the following stringent conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class-Cum- 4 Dr. YLR, J Crl.P.No.l0959 of2025 Dated 31.10.2025 Special Court for Trial of Cases relating to Red Sanders Smuggling, Tirupati. * ii. The petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet, iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.1 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. vi. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. 5 Dr. YLR, J Crl.P.No.l0959 of2025 Dated 31.10.2025 5. In the result, the Criminal Petition is allowed. SD/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station Forest Range Officer, Forest Squad Party, Piler, Chittoor District. 2. The Judicial Magistrate of First Class-cum-Special Court for trial of cases relating to red senders smuggling, Tirupati. 3. The Superintendent, Sub-Jail, Tirupati. 4. One CC to Sri. SRINIVASU L, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS HIGH COURT DR.YLR, J DATED: 31/10/2025 BAIL ORDER CRLP.No.10959 of 2025 ALLOWED