IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE THIRTEENTH DAY OF JUNE, TWO THOUSAND AND FOURTEEN : PRESENT:
THE HON’BLE DR JUSTICE: B.SIVA SANKARA RAO CRIMINAL PETITION No. 5809 of 2014 Between:
1. K.Velmuran, S/o. Kullandi (A2)
2. R.Anda, S/o. Ramaswamny (A3)
3. A.Pallane, S/o. Annamalai (A4)
4. M.Kumaraswamy, S/o. Muthu (A5)
5. C.Chandran, S/o. Chinnappa Ayyan (A6)
6. R.Govindaraju, S/o. Raman (A7)
7. C.Annamalai, S/o. Chinnappa Ayyan (A8)
8. K.Selvaraj, S/o. Kuppan (A9)
9. K.Govindan, S/o. Karuppan (A10)
10. V.Kumaran, S/o. Vellan (A18)
11. C.Ravi, S/o. Chinnariti (A19)
12. Perumal, S/o. Sadiyan (A20)
13. A.Chiniyan, S/o. Aandi (A21)
14. S.Annamalai, S/o. Shankaran (A24) .. Petitioners (Accused in Cr.No.125/2013 of P.S. Veeraballi) AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of A.P., Hyderabad.
Respondent Petition under Section 439 of Cr. P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the petitioners on bail in connection with Crime No. 125 of 2013 on the file of the P.S. Veeraballi, Kadapa District during the pendency of inquiry and trial in the interest of justice.
The Petition coming on for hearing upon perusing the petition and grounds filed herein and upon hearing the arguments of Sri Koppula Gopal, Advocate for the Petitioners and of the Addl. Public Prosecutor for the Respondent, the Court made the following ORDER:
“ The Criminal Petition is filed under Section 439 Cr.P.C by the petitioners/A-2 to A-10, A-18 to A-21 in Crime No.125/2013 on the file of the Veeraballi Police Station, Kadapa District registered against them for the offences punishable U/Sections 379, 147, 148, 353, 307 r/w 149 I.P.C and Section 20 (i) of A.P. Red Sandal Wood Transits Act, 1969, Section 3 (1) of PDPP Act and section 5, 55 (ii), 58 of Bio-diversity Act, 2002.
2. Heard the Learned Counsel for the Petitioners, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.
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3. A perusal of the record reveals that on 28.12.2013 at about 2.00 pm nearly 25 unknown tamil persons while cutting red sandal trees in Mokatirallu at Gadikota Reserve Forest, on information the forest officials along with staff went to the spot and on seeing them coming for apprehension, these persons were attacked with sticks and stones. However, but for some fled away, the others including these petitioners were caught hold of. It further discloses that A-11 to A-13 and A-22 were enlarged on bail by the other bench of this Court in Crl.P.No.3300 of 2014 dated 22.05.2014 and some others still in abscondance are yet to be apprehended. These petitioners/ accused Nos.A-2 to A-10, A-18 to 21 and 24, who are in judicial custody since 29.12.2013. Though, there is prima facie accusation and there is no tenability for consideration of the contention that they are daily wagers of the State of Tamil Nadu, whose addresses, which shows at different places but for privy being members of unlawful assembly they are cutting red sandal trees that too using the weapons like axes.
4. However, taking into consideration of the propensity of the crime as well as the personal liberty of the accused also from the fact that some of the accused already enlarged on bail on par in the order referred supra, bail is granted to the petitioners, who are accused persons 2 to 10, 18 to 21 and 24 subject to the following conditions:-
[1] Petitioners shall execute a self-bond for Rs.25,000/- [Rupees twenty five thousand only] with two sureties each for the like sum each to the satisfaction of the arresting authority, otherwise giving liberty to the petitioners to submit before the Judicial Magistrate of First Class having the jurisdiction for taking to custody and enlarge. The bond to be obtained is not only to appear before the court pending investigation and after filing of final report in the form of charge sheet or the like for enquiry or pre committal enquiry before said Court, but also thereafter on committal before the Court of Sessions or by virtue of any transfer of proceedings for want of jurisdiction or otherwise before any other Court and even after trial before such Court to appear before revisional or appellate Court or other superior Court - vide decision-Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982(2) APLJ 43(SC); so that at stage of committal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and solvency earlier produced are ratifying and in existence and enforceable, without even insisting their further presence, serves the purpose. Such recourse quickens the proceedings at such committal or other stages without loss of time and it also to some extent complies with the requirement of Section 437A CrPC.
[2] Petitioners shall report before the Station House Officer concerned on everyday till filing of the charge sheet and thereafter once in a month on 1st Sunday till completion of trial/enquiry between 4.00 to 6.00 PM for assurance of their availability and non-interference in any manner with the witnesses.
[3] Petitioners shall not enter the area where the victim and witnesses reside, until further orders being passed by the learned Magistrate relaxing the same empowering him by virtue of this order.
[4] Petitioners shall attend before the Court of law regularly in enquiry and trial without fail, if not their bail shall be cancelled forthwith, without any further order so that, the Magistrate can also issue NBW by canceling the bail from the power under section 439 [2] Cr.PC. delegated to the learned Magistrate by this order during pendency of proceedings before the Magistrate.
[5] Petitioners shall not leave the State pending enquiry/trial without prior permission of the Court of concerned Magistrate/trial Judge.
[6] Petitioners shall furnish their full address with property and Bank Account particulars and submit their passport/s if any, after enlargement of bail on the next hearing date before the Magistrate Court concerned (for collecting by police as part of their duty to investigate-also the means of accused and to furnish the same in the final report of investigation to enable the trial court in the event of considering the need of awarding compensation under section 357 CrPC. So to award from such material and evidence, apart from securing presence and obtaining of bond with sureties under section 437A CrPC. etc.), failing which it is open to the learned Magistrate concerned by virtue of the power conferred by this order to cancel the bail.
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[7] The bail now granted is since a regular one till end of trial (without prejudice to the right to cancel meanwhile in case of need and/or for non-compliance of conditions supra) any absence of petitioner/s as accused for hearing/enquiry or trial, issuance of non bailable warrant-NBW (unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantamount to cancellation of bail including from the wording of Sec.439(2) CrPC. and as such in such event no fresh bail application can be entertained. As it tantamounts to only cancellation of bail bonds earlier executed, (leave about the power of the court to issue surety notices by forfeiting bonds and for imposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per Section 441 to 446 CrPC. and to submit fresh solvency with self bond for enlarging him by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again.
[8] They shall not enter the State of A.P without specific prior permission of the local Sub-divisional Police Officer of their division, if at all they went to visit the state of A.P for any purpose.”
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The V Additional District and Sessions Judge, Rayachoti, Kadapa District.
2. The Superintendent, Central Prison, Kadapa, Kadapa District.
3. The SHO, Veeraballi Police Station, Kadapa District.
4. Two CCs to the Public Prosecutor, High Court, Hyd(OUT)
5. One CC to Sri Koppula Gopal, Advocate (OPUC)
6. One spare copy.
SAH HIGH COURT Dr.SSRBJ DATED: 13-06-2014 ORDER CRL.P.NO. 5809 OF 2014 BAIL GRANTED DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 16-06-2014 HIGH COURT Dr.SSRBJ DATED: 13-06-2014 ORDER CRL.P.NO. 5809 OF 2014 BAIL GRANTED