Srinivasan, S/o Ponnuswamy v. State of Andhra Pradesh, Rep. by its Public Prosecutor High Court
2025-08-04
Y.LAKSHMANA RAO
body2025
DigiLaw.ai
ORDER: Y. LAKSHMANA RAO, J. 1. The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1 to 4 on bail in Cr.No.27 of 2025 of RSASTF Police Station, Tirupati District, registered against the petitioners/Accused Nos.1 to 4 herein for the offences punishable under Sections 303 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 49, 61 (2) of ‘the BNS’ and Sections 20 (I) (d)(i)(a) read with 20 (l)(c), ii, iii, iv, x, 36 (a) read with 32-A, 29 (4)(a)(l) of the Andhra Pradesh Forest Act, 2016. 2. The case of the prosecution is that on 23.06.2025 at about 7:00 A.M., while conducting vehicle checks based on reliable information at the Flyover Underpass Road, Srivarimettu Range, Tirupati District, the police team led by Reserve Sub-Inspector noticed a speeding Toyota Etios car (TN70R5548). Upon interception, some occupants attempted to flee but were apprehended by the police team. Four individuals were caught, and the vehicle was found loaded with 15 Red Sanders (RS) logs, hidden by removing the back seats. During interrogation, they confessed to involvement in Red Sanders smuggling, motivated by financial difficulties and a desire for a luxurious lifestyle. Srinivasan, initially a pilot for smuggler Gunasekhar of Salem, later turned into an active smuggler. Gunasekhar would pay Rs.1000/- per kg of Red Sander logs to Srinivasan, who procured logs with the help of local mestries like Poondi. Poondi hired coolies (A6 to A13) to cut and transport Red Sander logs from Andhra forests, offering Rs. 600/- per kg. Around 15 days prior, Srinivasan coordinated with Poondi and other coolies, who gathered at Vellore Bus Stand. The coolies cut and loaded 15 Red Sander logs into the vehicle, which was later driven by Raghu. The accused were en route to hand over the logs to Gunasekhar in Salem when they were intercepted. The scene of offence was GPS-located, and photographs were taken. Then Forest Beat Officer confirmed the seized logs were Red Sanders. The complainant brought the accused, vehicle, and logs to RSASTF PS, Tirupati, and filed a report. 3.
The accused were en route to hand over the logs to Gunasekhar in Salem when they were intercepted. The scene of offence was GPS-located, and photographs were taken. Then Forest Beat Officer confirmed the seized logs were Red Sanders. The complainant brought the accused, vehicle, and logs to RSASTF PS, Tirupati, and filed a report. 3. Sri D.Purna Chandra Reddy, the learned counsel for the petitioners contends that the petitioners are innocent of the alleged Offence and have been falsely imp.icated by the police, It is further submitted that the petitioners are the sole earning members of the family and, therefore, their continued i incarceration would cause undue hardship to their dependents. The learned counsel for the petitioners further submits that the petitioners/Accused Nos.3 and 4 are only coolies; Accused No.2 is the driver of the vehicle; and Accused No .1 has nothing to do with the alleged offence, The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms. P. Akhila Naidu the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners submitting that the investigation is still at progressive stage and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. It is further submitted that the arrest of Accused No. 5 is yet to be effected as he is the main linchpin in this case. In view of the foregoing, it is urged that the petition be dismissed. - 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, there are altogether 15 logs of Red Sanders weighing about 500 kgs. According to the prosecution, Accused No.l/P-1 aided Accused No.5, who is the main smuggler. Accused No.2 is the driver of the Toyota Etios car which was used for the commission of the alleged offence. Accused Nos.3 and 4 were only coolies engaged for cutting down the logs and shifting them into the car. 7.
According to the prosecution, Accused No.l/P-1 aided Accused No.5, who is the main smuggler. Accused No.2 is the driver of the Toyota Etios car which was used for the commission of the alleged offence. Accused Nos.3 and 4 were only coolies engaged for cutting down the logs and shifting them into the car. 7. Considering the gravity and nature of the allegations against the petitioners/Accused Nos.3 and 4, the request of them is found convincing and reasonable, this Court is inclined to enlarge the petitioners/Accused Nos.3 and 4 on bail. 8. In the result, the Criminal Petition is partly allowed with the following conditions: i. The petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trial of Cases relating to Red Sander Smuggling, Tirupati. - ii. The petitioners/Accused Nos.3 and 4 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.3 and 4 shall not leave the limits of the District without prior permission from the Station House Officer concerned. IV. The petitioners/Accused Nos.3 and 4 shall not commit or indulge in commission of any offence in future. V. The petitioners/Accused Nos.3 and 4 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. VI. The petitioners/Accused Nos.3 and 4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. - 9. In respect of remaining petitioners/Accused Nos.1 and 2, the gravity and nature of accusations appear to be aggravative and well-founded. Therefore, for the present, the request of the petitioners/Accused Nos.1 and 2 for enlarging them on bail is not justifiable. Hence, the petition against the petitioners/Accused Nos.1 and 2 is dismissed.