Accused intentionally abused the concession of Bail.

This Criminal petition is filed under Section 439(2) Cr.P.C by the State against the accused No.33 (in crime No.36 of 2014 of Dhone Town Police Station) seeking to cancel the bail granted to him in Crl.P.No.5492 of 2014 by this Court on 15.05.2014. The crime registered for the offences punishable under Sections 379, 120-B IPC, Section 20(1)(3), 10, 29, (1)(2)(b) of Indian Forest Act and Rule3 of Red Sandal Wood Possession and Transit Rules and Sections 27, 29, 31 and 51 of Wild Life Protection Act against 16 out of 35 accused.

2) Thus, from the above, leave about other accused, the main accusation against the respondent-K.Gangi Reddy that he was arrested on 05.04.2014 and seized 14 red sandal logs worth Rs.7.00 lakhs in pursuance of his confession and the respondent along with some others were smuggling the red sandal load by conspiring each other from the forest, Tirupathi and the same was being transported to Dubai, Mumbai and other areas and earning the money illegally by having links with international smuggler Shaul Bai and the respondent has been indulging in red sandal smuggling by directly having links with Chennai based international smuggler Shaul Bai who is now said to be at Dubai and earned crores of rupees, that the respondent herein recently visited Dubai, for which it is suspected that this respondent invested his illegal money in his construction company by name Sai Balaji, HR mineral factories and also purchased valuable assets in Tirupathi, Hyderabad etc.,

3) The accused moved for regular bail in Crl.P.No.5492 of 2014 and this Court (another bench) granted bail to the respondent herein on 15.05.2014 and it is stated by the petitioner that after obtaining bail he absconded from India and left for Behrain, that there is a large scope and he may pave the way for other accused to abscond from the State of Andhra Pradesh or even from India to flee from justice, that by staying outside he may hatch the plans of conspiracy to smuggle more red sanders by illegal means to cause ecological imbalance for personal gains. It is also made a mention before this Court that the respondent involved in inter-continental smuggling of red sandals by conspiring with smugglers did not reveal the truth and correct facts and he did not disclose the details pertaining to passport also concealed the facts with an intention to prevent the investigating agency from taking further steps so as to escape from the Indian borders on the basis of passport without giving any scope for impounding.

4) The respondent involved in two more crimes viz., Crime No.73 of 2013 of Pullampet police Station, Kadapa District registered for the offences punishable under Sections 379 I.P.C and Section 20(1)(c)(2) of A.P. Forest Act and Crime No.254 of 2014 of Tirupathi East Police Station, Chittoor District registered for the offences punishable under Sections 177, 420 I.P.C and Section 12(1)(b) of Indian Passport Act, 1967.

5) In this application for cancellation of bail granted to him in Crl.P.No.5492 of 2014, dated 15.05.2014 having been admitted, notice ordered to the respondent/A-33 K.Gangi Reddy, the said notice was received by his wife Smt.K.Malavika on 30.06.2014. It is on 07.07.2014 this application came for hearing, notice served on accused/respondent on his wife being the inmate and family member. One Advocate Sri S.Rama Murthy Reddy appeared before the Court and claiming as advocate for wife of A-33 and represents on her behalf and bring the notice of factum of receiving notice by her. However to intimate to her husband who is the respondent/A-33 herein, his whereabouts are not known even to her. However, in saying there are no grounds for cancellation of bail sought for to her husband whereabouts not intimated her to oppose. It is not even the claim by the advocate that at the instructions of the wife of the respondent/accused, he is appearing as advocate for accused to give any audience of hearing but for to take for deciding on merits from no