APHC010452582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7529/2026 Between: 1. MATHIYAZHAGAN, S/O PONNUSAM, AGE 34, A-1R/0 12, MIDDLE STREET,SANKARAPURAM, GUDARAM,KILAKKADU, VILLUPPURAM,TAMIL NADU STATE. 2. ANNAMALI, S/O PONNUSAMY, AGE 41,R/0 22, MELTHER, KANNUR, SANKARAPURAM,KANNUR, SANKARAPURAM, KILAKKADU, VILLUPURAM,TAMIL NADU STATE. 3. A CHINNA, S/O ANNAMALAI, AGE 41. R/0 4, KIL STREET, AKKARAPATTI, BEEMARAPATTI,TIRUVANNAMALAI, TAMIL NADU STATE. 4. A SIVALINGAM, S/O ANNAMALAI, AGE 46 A-4R/O 690, KEEEL STREET, AKKARAPATTI VILLAGEMTHANDARAMPETA TALUK, BEEMARAPATTI,TIRUVANNAMALAI, TAMILNADU STATE 5. MANIYAN, S/O RAMAN. 26-26, AGE 47,TAHL STREET, SANKARARAPURAM,KILAKKADU, VILLUPURAM, TAMIL NADU STATE. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. Public Prosecutor,High Court of Andhra Pradesh,At Amaravati ...RESPONDENT/COMPLAINANT 2 Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioners/Accused No.1 to 5 on bail, pending investigation, inquiry and trail in OR.No.35/2026-27 of FRO, FSP, Filer, and pass Counsel for the Petitioner/accused(S): 1. C V S S SARMA 2. SARMA C V S S Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 ORDER: The 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 Petitioners/Accused Nos.1 to 5on bail in O.R.No.35/2026-27 of Forest Range Officer, Flying Squad Party, Piler, registered against the Petitioners/Accused Nos.1 to 5 for the offences punishable under Section 302(2) read with 3(5), 49, 61(2) of BNS, 2023, and Sections 20(1)(c)(ii)(ii)(iv)(vi)(x) read with 20(1)(d)(i)(a), 36 read with 32-A and 32-B of the Andhra Pradesh Forest (Amendment) Act, 2016 and Rule 3 of the Andhra Pradesh Red Sanders Wood and Red Sanders Wood Transit Rules, 1969. 2. Mr.Sarma C.V.S.S, the learned counsel for the petitioners, submits that the petitionersare innocent of the alleged offence and they have been falsely implicated by the police. They are law-abiding citizens. They are the sole breadwinners of the family. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the 4 petitionersarereleased on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioners were arrested on 15.07.2026. They have been in judicial custody for the past 54 days. So far 6 witnesses were examined. They are all material witnesses and official witnesses. The chances of petitioners threatening the official witnesses, tampering with the evidence, and hampering the investigation may not arise. There are no similar adverse antecedents reported against the petitioners. The petitioners are all permanent residents of Tamil Nadu State. They have got fixed abode. It is alleged by the prosecution that the petitioners have indulged in dealing with 14 logs of Red Sander Wod weighing about 422 Kgs. worth of Rs.18,90,616/- as per the Government records. 6. Having regard to the facts and circumstances of the case, gravity of nature of allegations levelled against the petitioners, this Court is inclined to enlarge the petitioners/Accused Nos.1 to 5 on bail with stringent conditions. 5 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 to 5shall be enlarged on bail subject to their executing a bond for a sum of Rs.3,00,000/-(Rupees Three Lakh only) each with three sureties each for the like sum each to the satisfaction of the learned Junior Civil Judge-cum-Judicial Magistrate of First Clas for Trial of Cases relating to Red Sanders Smuggling for the State of Andhra Pradesh, Tirupati. ii. The Petitioners/Accused Nos.1 to 5shall 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 Petitioners/Accused Nos.1 to 5 shall not commit or indulge in commission of any offence in future. iv. The Petitioners/Accused Nos.1 to 5 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required. v. The Petitioners/Accused Nos.1 to 5 shall not, directly or indirectly, make any inducement, threat or promise to 6 any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 07.09.2026 BMS