Nafis Hussain v. The State Of A.P.

HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.11535 of 2015 ORDER:

This criminal petition is filed by petitioner - accused No.29, under sections 437 and 439 Cr.P.C., seeking bail in Crime No.60 of 2015 of Pendlimarri Police Station, Kadapa District, registered for the offences punishable under Sections 379, 307, 120(B) read with Section 109 I.P.C. and Section 20(1)(c)(x) of A.P.Forest Act, 1967, Rule 3 of A.P.Sandal Wood & Red Sanders wood Transit Rules, 1967 and Sections 29 & 68 of A.P.Forest Act, 1967 read with Section 29(4) of A.P.Forest Act, 1967 and Section 3 of Prevention of Destruction to Public Property Act and Section 51 of Wild Life Protection Act. The case of the prosecution is that on 20-06-2015 at 5.45 AM between C.K.Dinne - Yellatur main road, near Tippireddipalli crossroad, Pendlimarri Mandal and on 20-06-2015 at 9.

45 AM near Neeru Kona Shivalayam, Polathala reserve forest, Pendlimarri Mandal, offences have taken place of criminal conspiracy to plunder the precious red sanders logs from the reserved forest to smuggle the same into international market to acquire wrongful gain in illegal ways and also conspired even to kill the officials if they try to arrest them while transporting red sanders. On tip off, the Inspector of Police and other officials had conducted vehicle check and the accused A1 and A2 came in two cars and when the police tried to stop the vehicles, the accused 1 and 2 tried to kill the officials. But, the police caught hold of A1 and A2 and recovered red sanders. On interrogation, A1 and A2 had confessed that they had taken part in smuggling of red sanders and gained illegally.

A1 and A2 have revealed the name of the petitioner on the allegation that the petitioner had conspired with the accused Nos.1 and 2 and committed theft of red sanders from the reserve forest of Kadapa District.

Considering the facts and circumstances of the case and taking into consideration the date of arrest, this Court is not inclined grant bail to the petitioner at this stage.

Accordingly, the Criminal Petition is dismissed. _________________ RAJA ELANGO, J.

16th November, 2015 skmr