Zafarulla Gani Mohamed v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.Nos.571 and 575 of 2022 in Crl.R.C.No.55 of 2022 Zafarulla Gani Mohamed ... Petitioner ..Vs..

State of Tamilnadu, Smt.Santhi Muthuswami Pillai, Wildlife Inspector, Wildlife Crime Control Bureau, Government of India, Ministry of Environment Forest and Climate Change, Rajaji Bhavan, Besant Nagar, Chennai.

... Respondent PRAYER: Criminal Miscellaneous petitions filed under Section 397(1) read with 439 and 482 of Cr.P.C to suspend the sentence imposed against the petitioner in the judgment dated 11.08.2018 in C.C.No.17 of 2016 on the file of the Judicial Magistrate, Alandur and modified by the judgment dated 09.11.2021 in Crl.A.No.36 of 2018 on the file of the Principal District and Sessions Court, Kancheepuram District at Chengalpattu and enlarge the petitioner on bail, pending disposal of the above revision and to exempt the petitioner from surrendering before the trial court in pursuance to the judgment dated 09.11.2021 made in Crl.A.No.36 of 2018 on the file of the Principal District and Sessions Court, Kancheepuram District at Chengalpattu, modifying the the judgment dated 11.08.2018 in C.C.No.17 of 2016 on the file of the Judicial Magistrate, Alandur.

For Petitioner : Mr.A.Swaminathan For Respondent : Mr.S.Sugendran, learned Government Advocate (crl.side)

O R D E R

(The case has been heard through video conferencing) These Criminal Miscellaneous Petitions have been filed to suspend the sentence imposed against the petitioner in the judgment dated 11.08.2018 in C.C.No.17 of 2016 on the file of the Judicial Magistrate, Alandur and modified by the judgment dated 09.11.2021 in Crl.A.No.36 of 2018 on the file of the Principal District and Sessions Court, Kancheepuram District at Chengalpattu and enlarge the petitioner on bail and to exempt the petitioner from surrendering before the trial court.

2.In and by the judgment of the trial court, the Petitioner/accused was was convicted for the offence under section 51 read with 39 of Wild Life (Protection) Act and sentenced to undergo six months R.I. and to pay a fine of Rs.10,000/- and in default to undergo 3 months S.I. and the Appellate Court in Crl.A.No.36 of 2018 partly allowed the appeal by modifying the sentence imposed by the trial court to undergo six months imprisonment and confirming the fine imposed by the trial court against which, the present revision has been filed.

3. Learned counsel appearing for the petitioner would submit that though the incident is said to have taken place in the airport in the baggage clearance area, no independent witnesses have been examined by the prosecution. The procedure for conducting baggage check was not followed properly. He would further submit that the courts below failed to take into consideration the procedural lapses and found the petitioner guilty. He would further submit that there are arguable points available in the Criminal Revision Case, which is not likely to be taken for final hearing in the near future and the Petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case.

4. Heard the learned counsels and perused the materials on record.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner/accused, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal revision, the reliefs of suspension of sentence and bail are granted, on the following conditions :-

i. The petitioner/accused shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the the Judicial Magistrate, Alandur, within 15 days from the date of commencement of the court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically and on further condition that:

ii.The petitioner/accused shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

6. The Criminal Miscellaneous Petitions are ordered accordingly. -sd/- 27/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KANCHEEPURAM DISTRICT AT CHENGALPATTU.

2 THE JUDICIAL MAGISTRATE, ALANDUR.

3 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 4 Smt.Santhi Muthuswami Pillai, Wildlife Inspector, Wildlife Crime Control Bureau, Government of India, Ministry of Environment Forest and Climate Change, Rajaji Bhavan, Besant Nagar, Chennai.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

C.C. to M/S A.SWAMINATHAN Advocate on payment of necessary charges Order in CRL M.P.Nos.571 and 575/2022 in CRL RC.55/2022 Date :27/01/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 28/01/2022