VIJAYAWADA: The Andhra Pradesh High Court has said it cannot grant bail to an accused on the grounds that the petitioner was not present at the scene of offence. An accused cannot claim innocence just because he was not present at the scene of an offence, the court ruled and rejected the bail petition moved by the accused in a case.
The bail petition is related to a case registered by Sri City Hitech Police Station pertaining to smuggling of red sanders logs. The police conducted a raid at a place on specific information that red sanders smuggling was taking place. When the police reached the spot, six persons were found to be unloading red sanders logs from a tractor.
Noticing the police, the offenders pelted stones at them and tried to flee. But they were apprehended by the police. The offenders were arrested and the logs seized. When questioned, they revealed that the logs belonged to K Shibi Chakravarthy of Matiremitta village in Chittoor district and they had transported the logs on his instructions.
They told police that Chakravarthy had piloted their tractor on his two-wheeler till the place they unloaded the logs. After showing the place where the logs should be dumped, he left the place, the accused reportedly told the police.
Based on their confession, the police made Chakravarthy as the prime accused in the case. Chakravarthy filed a petition in the court seeking bail. When the petition came up for hearing, Chakravarthy's counsel informed the court that the petitioner was not present at the scene of offence and was made an accused based on the statement of the other accused. The counsel argued that the police had intentionally foisted the case against the petitioner.
Arguing on behalf of police, the Additional Public Prosecutor said the red sanders logs belonged to the petitioner. He also added that the petitioner showed the way for the tractor driver to reach the place of offence and left.
He maintained that the accused could not be granted bail on the ground that he was not present at the place from where the logs were seized. Dismissing the bail plea, Justice Manavendranath Roy said the petitioner cannot claim innocence just because he was not present at the place from where the red sanders logs were seized.