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2025 DAILYLAW 52617 (AP)

Ajithkumar Murali v. The State of Andhra Pradesh

CRLP/12172/2025 · 2025-12-04

Y Lakshmana Rao

body2025

Judgment text

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APHC010631022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12172/2025 Between: Ajithkumar Murali ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.2 on bail in OR No.31 of 2025-26 of Bhakarapeta Range, Tirupati Division, registered against the Petitioner/Accused No.2 herein for the offences punishable under Sections 20(1)©(vi) &(X), 29(4)(a)(b), 20(1)(a)(i), 20(1)(d)(i), 32A, 32B and 32C of Andhra Pradesh Forest Act, 2016, Rule 3 of the Andhra Pradesh Sandal 2 Wood and Red Sanders Wood Transit Rules, 1969 and Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the petitioner/Accused No.2 is alleged to have been involved in smuggling eight logs of red sanders wood weighing 265 kilograms. It is further alleged that the petitioner/Accused No.2 was driving the vehicle at the relevant point of time. It is also noticed that he is the owner of the said vehicle. So far, five witnesses are examined. They are all material and official witnesses. There is no possibility of the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation. The petitioner is a permanent resident of Palliyankuppam Village, Kilandur Post, Arakonam Taluk, Vellore District. He has got fixed abode. The petitioner was arrested on 28.10.2025. He has been in the judicial custody for the past 38 days. Since the petitioner has fixed abode and roots in the society if he enlarged on bail he may not evade from the process of law. Period of custodial interrogation is also completed. The period of custodial interrogation is also completed, and no application has been filed seeking further custodial interrogation. It is submitted by the learned Assistant Public Prosecutor that there are no similar criminal antecedents reported against the petitioner. 3 4. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail with the following stringent conditions: i. The Petitioner/Accused No.2 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 each for the like sum each to the satisfaction of the learned Special Court for Judicial Magaistrate of I Class Trial of Cases Relating to Red Sanders Smuggling, Tirupati. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer, Bhakarapet Range Police Station, Tirupati District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.2 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. vi. The Petitioner/Accused No.2 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. vii. The Petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 5. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.12.2025 Note:- Issue C.C today B/o KMS 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12172 OF 2025 05.12.2025 KMS