N Saravanan v. The State Rep.By, The Forest Ranger,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA N Saravanan S/o Nagappan@ Nagapillai Residing at Agaram Koot Road, Kayanallur, Arasur, Kancheepuram Petitioner(s) Vs The State Rep.By, The Forest Ranger, Maduranthagam Forest, Acharapakkam, Chengalpattu District (W.L.O.R.No 03/2024) Respondent(s) For Petitioner(s):
Selvam M M. Sathyan P. Thirumalaivasan For Respondent(s): S.Santhosh Government Advocate (criminal Side)
O R D E R
Apprehending arrest in connection with W.L.O.R.No.03 of 2024 registered for the offences punishable under Sections 2(15)(16)(37),9,39,50,51, 52,56,57 and 60 of the Wild Life Protection Act, 1972-Amendment 2023Schedule-I part-B Sl No.161-Indian Peafowl-Pavo Cristatus, the present petition has been filed by the petitioner seeking anticipatory bail. 1/5
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seek indulgence of this Court. He further submit that, petitioner is a poor farmer, he had kept some pesticides for rats, unfortunately the peacock had consumed the same and died. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, the petitioner had left the poisonous substances in his farm, resulting in peacock consuming the same, due to which, peacock died.
4. Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Cheyyur, on condition that the petitioner shall execute separate bond 2/5
for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police everyday at 10.30.a.m., for a period of two weeks and thereafter on every Saturday at 10.30.a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
28.01.2025 Sma To
1. The Forest Ranger, Maduranthagam Forest, Acharapakkam, Chengalpattu District
2. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
Sma 28.01.2025 5/5