Mallkunta Sureshbabu , Suresh v. The State Of A.P

HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9013 of 2016 O R D E R:

This petition is filed by the petitioner-accused No.42 under Sections 437 and 439 of the Criminal Procedure Code seeking to grant bail to him in Crime No.93 of 2014 on the file of Panjani Police Station, Chittoor District, registered for the offence punishable under Sections 307, 353, 379 411 r/w 34 IPC; Sections 32 and 29 of A.P. Forest Act, 1967; Rule 3 of A.P. Sandal Wood and Red Sanders Wood Transit Rules, 1969; Section 29 of Wild Life (Protection) Act, 1972; Sections 55 (2) and 58 of Biological Diversity Act, 2002 and Section 27 of the Arms Act.

It is alleged that the petitioner along with other accused was found transporting the red sandal wood from Seshachalam forest and when the police personnel tried to catch them, the accused attempted to attack them with sickles.

Learned Counsel for the petitioner submitted that the petitioner was falsely implicated in the above crime and that the name of the petitioner was included basing on the confession made by the other accused and that the petitioner was arrested on 20.5.2016 and since then, he has been in prison and therefore, a lenient view may be taken. Learned Additional Public Prosecutor opposed this petition and submitted that there are previous cases pending against the petitioner. Considering the facts and circumstances of the case and the submissions made by the learned Additional Public Prosecutor, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, the Criminal Petition is dismissed. _________________ Justice Raja Elango Dated: 30.6.2016 Nn HON'BLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.9013 of 2016 30.6.2016 Nn.