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Judgment
K. Sreenivasa Reddy, J
1) The Criminal Petition, under Sections 439(1)(b) & 440(2) of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioners/Accused No.20 & 21 to modify the common order dated 14.10.2022 in Crl.MP.No.260 of 2022 and 264 of 2022 passed by the learned Special Judge for Trial of Cases relating to Red Sanders Smuggling, Tirupati.
2) A case has been registered against the petitioners and others for the offences punishable under Sections 307, 353, 379, 120-B r/w 34 IPC, Section 20(1)(c)(ii)(iii)(iv)(x), 29(2)(b)(4)(a) (b) of the A.P. Forest (Amendment Act) 2016, Rule 3 of Sandal Wood and Red Sandal Wood Transit Rules, 1969, Section 3 of PDPP Act and Section 55(2) r/w 7 of Biological Diversity Act, 2022 in Crime No.11 of 2016 of Badvel Rural Police Station.
3) Heard and perused the record. The learned Special Judge for Trial of Cases relating to Red Sanders Smuggling, Tirupati granted bail to the petitioners/Accused No.20 & 21 in Crime No.11 of 2022 of Badvel Rural Police Station, YSR Kadapa District on condition of each of them shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for like sum each, and one such surety shall produce a registered deed of conveyance evidencing that he has immovable property worth of Rs.1,00,000/- to the satisfaction of the Court.
4) The present Criminal Petition is filed on the ground that the petitioners are not in a position to produce the surety along with registered title deed evidencing that they have immovable property worth of Rs.1,00,000/- and though bail was granted on 14.10.2022, the petitioners could not secure such sureties and they urged to modify the conditions imposed by the Court below.
5) Having considered the submissions of the learned counsel for the petitioners and for the reasons stated in the petition, this Court is inclined to modify the order passed by the learned Special Judge for Trial of Cases relating to Red Sanders Smuggling, Tirupati to the extent that each of the petitioner shall execute a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the learned Special Judge for Trial of Cases relating to Red Sanders Smuggling, Tirupati.
On such release, the petitioners shall appear before the Station House Officer, Badvel Rural Police Station, Tirupati on every Sunday between 10.00 A.M., and 5.00 P.M, till filing of charge sheet.
6) Accordingly, the Criminal Petition is allowed.
Miscellaneous applications, pending if any, shall stand closed.