Sreenivasan v. The S.H.O. Forest Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Sreenivasan (Male, age: 45 years), S/o.Thilaikannu, Kattumayilur, Vridhachalam, Cuddalore District.

... Petitioner in Crl.O.P.No.9367 of 2020

2. Manikandan (Male/Age:37 years), S/o.Thilaikannu, Kattumayilur, Vridhachalam, Cuddalore District.

... Petitioner in Crl.O.P.No.9368 of 2020 Vs.

S.H.O Forest Department, Vridhachalam, Cuddalore District.

(WLOR No.2 of 2020) ... Respondent in both Crl.O.Ps Common Prayer : Criminal Original Petitions filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest concerned in WLOR No.2 of 2020 dated 19.04.2020 on the file of the respondent pending investigation and grant anticipatory bail.

For Petitioners in both Crl.O.Ps : Mr.A.K.Rajaraman For Respondent in both Crl.O.Ps : Mr.M.Mohamed Riyaz, Additional Public Prosecutor C O M M O N O R D E R The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 224, 506(ii), 307 of IPC and Sections 2, 9, 39, 44(b), 50, 51 of Wild Protection Act, 1972 in WLOR No.2 of 2020, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons hunted the dotted deer and also delivered the same to all the residents. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners are doing this job for the past several months and they are doing this as business and also delivering the dotted deer to all the residents. He would further submit that when the Forest Officials intercepted them and they have shown the knife on the Forest Officials and threatened with dire consequences and also escaped from the scene of occurrence. Hence, he vehemently opposed to grant of anticipatory bail to the petitioners.

5. It is seen that that there are totally three accused in this case and the petitioners are arrayed as A-1 and A-2. According to the prosecution, the petitioners along with other accused persons hunted the dotted deer and also door delivered the same to all the residents. Further, they are doing this business for the past several months and they have shown the knife on the Forest Officials and threatened with dire consequences and also escaped from the scene of occurrence. That apart, the earlier anticipatory bail applications were dismissed by this Court in Crl.O.P.Nos.7916 and 7918 of 2020 respectively on 27.05.2020.

6. Considering the facts and circumstances of the case and the serious offence committed by the petitioners and also there is absolutely no change in circumstances in this case, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, these Criminal Original Petitions are dismissed.

26.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order kv To

1. The Judge, Sessions Court, Cuddalore.

2. S.H.O Forest Department, Vridhachalam, Cuddalore District.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J kv 26.06.2020