Perumal Madhusudhana Rao v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:

P.Madhusudhana Rao .. Petitioner and The State of Andhra Pradesh Rep. by its Public Prosecutor High Court of Judicature at Hyderabad For the State of Telangana and the State of Andhra Pradesh .. Respondent DATE OF ORDER PRONOUNCED: 11.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL ORDER:

This Criminal Petition is filed under Sec.438 Cr.P.C. seeking anticipatory bail in the event of arrest of the petitioner/A16 in Crime No.101 of 2014 of Chittoor I Town Police Station, Chittoor District, registered for the offences punishable under Sections 379 and 109 IPC and Sections 32 and 29 of the A.P. Forest Act, 1967 and Rule 3 of the A.P.Sandalwood and Red Sanders Wood Transit Rules, 1969 and Section 29 of Wild Life (Protection) Act, 1972 and Sections 55(2) and 58 of Biological Diversity Act, 2002.

The allegations, in brief, are as follows: On 07.06.2014 at 11.00 PM on Chittoor-Tirupati road at Kattamanchi, the Sub Inspector of Police, I Town Police Station, seized one Icon Car bearing registration No.TN01 AA 7042 which was found carried two red sander logs valued at about Rs.56,000/-. At that time A2 and A3 were in the vehicle. It is alleged that A2 and A3 confessed that they are transporting the red sander logs at the instance of A1 and that it is the petitioner/A16, who is supplying the labour.

The contention of the learned counsel for the petitioner is that the petitioner is falsely implicated not only in this case but in as many as 22 cases and that only on the basis of the so called confession said to have been made by the persons who were found carrying red sander logs, the petitioner/A16 is being implicated in each and every case. The learned Public Prosecutor submits that the petitioner involved in several crimes of the same nature and he is the person

supplying labour for keeping red sanders, and therefore, anticipatory bail cannot be granted to the petitioner.

Having heard the contentions of both sides and on perusal of the material on record, it is felt that the extraordinary relief of anticipatory bail cannot be granted to the petitioner since it is the case where interrogation of the petitioner is necessary to elicit the entire truth about the people who are involved in the illegal storage and transportation of red sanders. Hence, the criminal petition is liable to be dismissed. In the result, the Criminal Petition is dismissed. Miscellaneous Petitions, pending if any in this Criminal Petition, shall stand closed.

________________ M.S.K.JAISWAL,J Date: 11.08.2015 MVA HON'BLE SRI JUSTICE M.S.K. JAISWAL

Date: 11.08.2015 MVA