Vempalli Mahaboob Basha v. The State Of Ap.

HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.13135 of 2015 O R D E R :

The petitioner who is one of the accused in Crime No.80 of 2015 of V.N.Palli Police Station, YSR Kadapa District, registered for the offences punishable under Sections 379, 307, 353, 120-B read with Section 109 I.P.C. and Section 20(1) (c)(ii)(iii)(iv)(vi) and (x) of A.P. Forest Act, 1967, Rule 3 of A.P. Sander Wood and Red Sanders Wood Transit Rules, 1969, Section 29(2),(b), (4),(a)(b) of A.P. Forest Act, 1967 and Section 3 of PDPP Act, 1984 and Section 51 of Wild Life Protection Act, 1972, filed this petition under Section 438 of Cr.P.C., seeking anticipatory bail. The case of the prosecution against the petitioner is that he, being the Constable, taking advantage of his position, has colluded with other accused and facilitated them in committing the alleged offences.

The earlier bail application filed by the petitioner was dismissed by this Court on 24.11.2015 in Crl.P.No.11571 of 2015. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor and perused the record. In an earlier occasion, the petitioner was granted bail in another crime and even after extension of time, he has not surrendered and executed the surety as directed. Further in the present case, it is the allegation that the petitioner herein is having nexus with the accused persons in various crimes relating to forest offences. In view of the same, this Court is of the view that the petitioner is not entitled for grant of anticipatory bail at this stage.

Hence, the Criminal Petition is dismissed.

______________________ JUSTICE RAJA ELANGO 19th February, 2016 Tsr