Prakash v. The State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 21(d), (e), (f) r/w.35(B), 36(A), 41(1), 49 (G) and 51 of the Tamilnadu Forest Validation Act 1882 in S.T.O.R.No.1 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with two other accused had trespassed into the reserved forest area and damaged the forest produce viz., sandal wood and at the time of inspection, the petitioner was found in possession of 46.72 kgs of sandal wood, which is valued at Rs.93,440/-. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence. He would also submit that A1 was arrested and enlarged on bail by the Court below on 08.03.2023 in C.M.P.No.16 of 2023. He would further submit that without prejudice, the petitioner is 1/6

prepared to deposit an amount of Rs.25,000/- as non-refundable deposit to any welfare scheme of the Government and hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent would submit that the petitioner along with two other accused was found in possession of 7 pieces of sandal wood and on seeing the police, the petitioner ran away from the scene of occurrence. He would submit that the petitioner has no previous case against him. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel and learned Government Advocate (crl.side) and perused the entire materials available on record including the First Information Report.

6. Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioner has prepared to deposit Rs.25,000/- to any welfare 2/6

scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) by way of Demand /RTGS/NEFT to "Gulf of Mannar, Biosphere Reserve Trust, (State Bank of India) Ramnad Branch, A/c No.33658054216, IFSC Code : SBIN0000908", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 Special Judicial Magistrate, Sandal Wood Court, Tirupathur, 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: 3/6

[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 appear before the respondent Police on everyday 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 4/6

down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 13.04.2023 mpa 5/6

A.D.JAGADISH CHANDIRA,J.

mpa 13.04.2023 6/6