The court dismissed an application for bail. The petitioner, already in judicial custody, was accused of smuggling red sanders and attacking police. The court rejected bail due to the possibility of repeating offences.
The petitioner-prisoner cannot be enlarged on bail as there is every possibility of committing similar offence on his enlargement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CRIMINAL PETITION No.2050 of 2017
ORDER :
The petitioner, who is accused No.1, filed the present application under Sections 437 and 439 Cr.P.C., to enlarge him on bail in Crime No.148 of 2014 of Madanapalle I Town Police Station, Chittoor District, registered for the offences punishable under Sections 307, 379, 353 IPC and Section 20(i)(c)(ii)(iii)(iv) and (x) of A.P. Forest Act, 1967 and Rules 3 and 4 of A.P. Sandal Wood and Red Sanders Transit Rules 1969 and Section 29 of Wild Life (Protection) Act, 1972 and Sections 55(ii) and 58 of Biological Diversity Act, 2002. The petitioner is in judicial custody since 28.01.2017.
The case of prosecution in brief is that on 19.08.2014 at about 8.00 a.m., on Kadiri-Madanapalle road, opposite to shopping complex of Waqf Board, Madanapalle Town, A1 and A2 being the driver of Icon Ford car bearing No.KA04 A 8228 and the inmate of the said car were found transporting red sanders illegally and the vehicle was proceeding towards Bangalore and on credible information, the Sub-Inspector of Police, Madanapalle I Town P.S., along with staff and mediators intercepted the said car then the accused revolted against the police and made an attempt with axes and sickles to kill police personnel and also caused obstruction to discharge their legitimate duties and managed to escape from the spot without being caught by police by leaving the
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Ford Icon Car with contraband of 52 red sanders logs all worth of Rs.3,00,000/ -. Then the vehicle and 52 logs of red sanders were seized by police under the cover of panchanama and crime was registered.
The main contention of the learned counsel for the petitioner-accused is that the petitioner is not the driver of the vehicle and he does not know about the vehicle and in the absence of as to who is the owner of the vehicle, the petitioner cannot be made as an accused. Whereas, the learned Public Prosecutor for the State of Andhra Pradesh would contend that the petitioner is a habitual offender and he was successful in avoiding his arrest since 19.08.2014 and even subsequent to the commission of present offence, he committed another offence, which is subject matter of Crime No.80 of 2016 of Bhakarapeta Police Station, where he obtained bail and in the present case, the petitioner was arrested. Thus, the petitioner cannot be released on bail, as there is every possibility to repeat the same and prayed to dismiss the petition.
According to the petitioner, he is inmate of the car and he does not know how to drive the vehicle. At this stage, it is difficult for this Court whether the petitioner is able to drive the car or not and it is for him to establish the same during trial. Admittedly, the petitioner is in jail since 28.01.2017. Though he allegedly committed an offence on 19.08.2014 and he escaped from the scene of occurrence by hurling axes and sickles against the police officials preventing them from arresting and he was
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successful in avoiding his arrest for more than two years, the petitioner does not deserve any sympathy. Apart from that the petitioner has committed an identical offence which is subject matter of Crime No.80 of 2016 of Bhakarapeta Police Station and obtained bail and later he was arrested in connection with the present crime.
In those circumstances, the petitioner cannot be enlarged on bail as there is every possibility of committing similar offence on his enlargement on bail. Hence, I find no ground to release the petitioner on bail at this stage.
In the result, the Criminal Petition is dismissed.
_______________________________ JUSTICE M. SATYANARAYANA MURTHY 15.3.2017 Rns
2 issues framed by the court
Whether an accused with a history of repeated offences and escape from police custody can be granted bail in a case involving red sanders smuggling and violence.
Whether the petitioner's denial of driving the vehicle or knowledge of its contents warrants bail consideration.
6 provisions across 4 enactments
Petitioner-Accused No.1
State of Andhra Pradesh
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
