Veeti Klasturaiah v. The State Of A.P.,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.3382 OF 2016 ORDER:

The petitioner filed this criminal petition under Section 438 of Cr.P.C., seeking release in the event of his arrest in connection with Crime No.72 of 2015 of Varadaiahpalem Police Station, Chittoor District, registered for the offences punishable under Section 379 I.P.C. and Section 21(1)(4) of the Mines and Minerals (Development and Regulation) Act, 1957. The case of the prosecution is that on 23-12-2015 at about 3.30 PM the Head constable of Varadaiahpalem Police Station along with Police Constables found one tractor with load of sand coming opposite to them near Tageli cross and on seeing the police, the driver of the tractor stopped the tractor and fled away. The tractor and trailer bearing Nos.

AP 03 TD 2196 & 2197 were seized in the presence of Panchayatdars under Police proceedings and the case was registered against the driver of the tractor and also the owner. Basing on the above seizure, the present crime came to be registered. The learned counsel for the petitioner submits that the petitioner is innocent and he did not commit any offence as alleged by the prosecution and a false case has been filed against him. He further submits that the driver of the tractor & trailer used the tractor & trailer without the knowledge of the petitioner, who is the owner of the tractor & trailer. He further submits that the driver was already arrested and released on bail.

The learned Public Prosecutor submits that as the material on record discloses that the said vehicle was used with the knowledge and consent of the owner of the tractor & trailer, the petitioner is not entitled for anticipatory bail. Admittedly, the owner of the vehicle was not present at the time of alleged transport. The driver of the vehicle was arrested and released on bail.

Having regard to the nature of allegations made and taking into consideration the fact that the driver of the tractor & trailer was arrested and released on bail, the petitioner is directed to surrender before the concerned Court and move an application for bail, after giving prior notice to the Public Prosecutor, in which event, the Court shall consider the said application on the same day on such terms and conditions as the Court deems fit and proper, having regard to the fact that the other accused was released on bail.

Subject to the above directions, the Criminal Petition is disposed of.

_____________________________ JUSTICE C. PRAVEEN KUMAR 18.03.2016.

Note : Issue C.C. today.

B/o skmr