Shaik Achu v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4754 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/Accused No.10 for grant of anticipatory bail in the event of his arrest in connection with Crime No.09 of 2019 of Echoda Police Station, Adilabad District, registered for the offence punishable under Section 3 (1) (2) of the Prevention of Damage to Public Property Act, 1984 and Sections 20 and 29 of the Telangana State Forest Act.

2.

Heard learned counsel for the petitioner/Accused No.10, and the learned Additional Public Prosecutor representing the respondent-State. Perused the record.

3.

The case of the prosecution is that on credible information about illegal transportation of teak wood from Babjipet forest, the complainant along with staff rushed to the spot and on seeing the police persons, they tried to escape from the scene. However, the police chased some persons and on interrogation, they stated that they used to fell down the teak wood tress in Babjipet forest and made them into logs and illegally transporting the same to accused Nos.12 to 14 of Nizamabad and earning money by causing damage to the public property and environment.

4.

Learned counsel for the petitioner/accused No.10 would submit that with an intention to harass the petitioner, the complainant made a false complaint against him; that the entire investigation is completed, except filing of charge sheet; that the

petitioner is an innocent person and falsely implicated in this case and hence, he prays to grant bail to the petitioner. 5.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner/accused No.10.

6.

As seen from the contents of the First Information Report and statement of witnesses, there are specific allegations in the complaint that the petitioner along with other accused illegally transporting the teak wood from Bobjipet forest to gain money illegally by causing damage to the public property and environment.

7.

The allegations levelled against the petitioner are grave in nature. Thus, looking into nature of allegations and the involvement of the petitioner in the commission of offence, this Court is not inclined to grant bail to the petitioner. However, if the petitioner/Accused No.10 surrenders before the Court concerned within fifteen (15) days from today and moves an application for grant of bail, the same shall be decided by the Court concerned in accordance with law.

8.

With the above observation, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this petition shall stand closed.

______________________ JUSTICE G SRI DEVI AUGUST 14, 2019 YVL

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4754 OF 2019 Date:14.08.2019 YVL