Nafis Hussain v. The State Of A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11246 of 2015

ORDER

This criminal petition under Sections 437 and 439 of the Code of Criminal Procedure is filed by the petitioner-A16 seeking bail in Cr.No.432 of 2015 of Mydukur Police Station, Kadapa District, registered for the offences punishable under Sections 307, 353, 379, 120(B) read with Section 34 IPC and under Section 20(1)(c)(ii)(iii)(iv) (vi) (x) and Sec.29(ii)(b) of A.P.Forest Act, 1967, Rule 3 of A.P.Red Sanders Wood Transit Act, 1969 and under Rule 3 of A.P.Red Sanders Wood Possession Rules, 1989 and under Section 51 of Wild Life Protection Act, 1967 and under Section 55(2) of Biological Diversity Act, 2002.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3. It is alleged that on 20.09.2015 at about 2.30 PM., at Nallamala Forest, Mydukur Mandal, during routine check, the police officials found some persons coming from hillock along with trail and found in possession of a log on each person, and on seeing the police, they hurled stones, but the police caught hold of them and on interrogation, they revealed that they were smuggling red sanders.

4. Learned counsel for the petitioner/A16 contended that based on the confession of co-accused only, the petitioner's name was implicated in this case.

5. The petitioner was arrested on 20.09.2015. Since the confession of co-accused is relevant for the purpose of investigation, this Court is not inclined to grant bail to the petitioner at this stage.

6. Hence, the Criminal Petition is dismissed. _____________________ JUSTICE RAJA ELANGO 9th November, 2015 sj