Madras High CourtCRL OP/3662/2021dismissed

Kathiravan v. Forest Range Officer

2021-03-01Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.3662 of 2021 KATHIRAVAN [ PETITIONER / ACCUSED ] Vs FOREST RANGE OFFICER [ RESPONDENT ] REDHILLS RANGE, SEETHANCHERI.

STOR NO.03 OF 2020.

For Petitioner : M/S.T.GOPINATHAN Advocate For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 35, 36 and 35 B of Tamil Nadu Forest Act 1882 and Rule 9 of Tamil Nadu Timber Transit Rules, 1968 in STOR. No. 03 of 2020 seeks anticipatory bail.

2. Totally there are five accused in this case and the petitioner herein is A3. It is alleged that when the respondent police conducted the investigation they found the petitioner along with other accused were transporting 1805 kgs of red sand and on seeing the police A1 to A3 absconded in a two wheeler and A4 and A5 were arrested and a case was registered against the petitioners.

3. The learned counsel for the petitioner submitted that the petitioner was not aware of the fact that the goods in `the vehicle was red wood and he has been falsely implicated in this case. Hence he prays to grant anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that the petitioner is a habitual offender and he is owner of the vehicle in which 1805 kgs of red sand was transported. He would further submit that there are two previous pending against the petitioner. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Taking into consideration the facts and circumstances of the case and also the fact that there are 2 previous cases pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/03/2021 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 FOREST RANGE OFFICER, REDHILLS RANGE, SEETHANCHERI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.T.GOPINATHAN Advocate on payment of necessary charges CRL OP.3662/2021 Date :01/03/2021 MK:22/04/2021 https://hcservices.ecourts.gov.in/hcservices/