Perumal Madhusudhana Rao v. The State Of Andhra Pradesh,

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/A15 in Crime No.78 of 2014 of S.R. Puram Police Station, Chittoor District, registered for the offences punishable under Sections 379, 353 and 109 IPC r/w Section 34 IPC, Sections 32 and 29 of the A.P. Forest Act, 1967 and Rule 3 of the A.P.Sandalwood and Red Sanders Wood Transit Rules, 1969 and Section 29 of Wild Life (Protection) Act, 1972, Sections 55(2) and 58 of Biological Diversity Act, 2002 and Sections 24-A, 24(B) and 25(1-AAA) of the Arms Act, 1959. The allegations, in brief, are as follows: On 08.06.2014 at 11.00 AM on Chittoor-Puttur main road in front of Jercy Milk Dairy situated near Kothapallimitta, S.R.

Puram Mandal, the Assistant Sub Inspector of Police found A1 to A3 who were coming in Scooty PEPT vehicle bearing registration No.AP 03 AN 7616 which was carrying four red sander logs weighing about 27 1⁄2 kgs, and arrested A1 to A3 and seized the said red sander logs. It is alleged that A1 confessed that it is the petitioner/A15, 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/A15 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