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High Court for State of TelanganaCRLP/7587/2015dismissed

Perumal Madhu Sudhana Rao , Gangana Palle Madhu v. The State Of Andhra Pradesh

2015-08-11M.S.K.Jaiswal4 pages

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/A8 in Crime No.74 of 2014 of Chowdepalle Police Station, Chittoor District, registered for the offences punishable under Section 379 IPC and Section 7 of the A.P.Forest Act, 1967 and Rule 3 of the A.P.Sandalwood and Red Sanders Wood Transit Rules, 1969. The allegations, in brief, are as follows: On 01.07.2014 at 2.30 PM the Sub Inspector of Police, Chowdepalli Police Station, while checking the vehicles, found one car coming from Somala towards Punganur in high speed which was carrying six red sander logs valued at about Rs.1,69,000/- and arrested A1. It is alleged that A1 confessed that it is the petitioner/A8, 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 A1, the petitioner/A8 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