Kathiravan v. State Rep. By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 35(b) of Tamil Nadu Forest Act 1882, Rule 9 of Tamil Nadu of Timber transit rules 1968 and Section 2(2), 9, 39(b), 44, 48A, 49B, 50, 51 of Bio Diversity Act 1972, in Crime No.1 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused alleged to have transported Red Tree Pieces (3 nos), Root Pieces of Red Tree (10 nos), Small Wrist Band made out of Red Tree (1 nos), Pangolin-Manis Crasscaudata (19.300), Predator Teeth (4 nos), Indian Rose Ringed Parakeet (1 nos), Apple Iphone 6S Model (7339292836), Global Scales Electronics Weighing Scale (Repaired Condition) (1 nos), AX - Electronics Weighing Scale (Repaided Condition) (1 nos), M-Bond Self Adhesive Tape 1 Box (12 nos.). Hence the complaint.

3.The learned counsel for the petitioner would submit that the

petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that there is no recovery from this petitioner. He would further submit that without prejudice to his contentions, the petitioner is prepared to deposit an amount of Rs.20,000/- towards any charitable organization or association. Therefore, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that the petitioner along with other accused alleged to have transported Red Tree Pieces (3 nos), Root Pieces of Red Tree (10 nos), Small Wrist Band made out of Red Tree (1 nos), Pangolin-Manis Crasscaudata (19.

300), Predator Teeth (4 nos), Indian Rose Ringed Parakeet (1 nos), Apple Iphone 6S Model (7339292836), Global Scales Electronics Weighing Scale (Repaired Condition) (1 nos), AX - Electronics Weighing Scale (Repaided Condition) (1 nos), M-Bond Self Adhesive Tape 1 Box (12 nos.) He would further submit that there are no previous cases pending against him. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6.Taking into consideration the facts and circumstances and there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

7.Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) to the Registered Advocate Clerk Association, Thiruvallur, and on such receipt and receipt of proof of payment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ponneri, on condition that the petitioner 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 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 station on every Wednesday at 10.30 a.m., for a period of eight weeks;

(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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC; 28.02.2023 gbi

T.V.THAMILSELVI, J.

gbi 28.02.2023