Tamilselvan v. The Forest Range Officer,

C.SARAVANAN, J.

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections Part I Section 2(16), Part 3 Section 9, Part 6 Sections 50(1)(4), 51(1), 56, 57 of Wild Life Protection Act and Section 7, 27 of Indian Arms Act, 1959 in W.L.O.R. No.3 of 2024, seek anticipatory bail.

2. The petitioners are the 2nd and 3rd accused in W.L.O.R. No. 3 of 2024 for the offences under the provisions of Wild Life Protection and Indian Arms Act, 1959. The allegation is being that the accused were found carrying meat/carcass of dead deer. It appears that the 1st accused, who was arrested and was later released on bail. However, the petitioners escaped from arrest and now come before this court for anticipatory bail.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police and perused the materials available on record.

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4. Prima facie, it appears that the petitioners were involved in the alleged offence, for which they have been booked in W.L.O.R.No. 3 of 2024. Since the 1st accused has already been released on bail and on considering the facts and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail subject to a condition that the petitioners shall cooperate with the respondent and they have to donate a sum of Rs.20,000/- each to the credit of Blue Cross, Chennai without prejudice to their defence.

5. Accordingly, the petitioners are directed to donate a sum of Rs.20,000/- (Rupees Twenty thousand only) each to Blue Cross, Chennai and on production of proof for the same, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Attur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners and the sureties shall affix their Page No.2 of 4

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 petitioners shall report before the respondent Police on every day basis at 10.30 a.m. for the period of two weeks and thereafter as and when required for interrogation; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

23.05.2024 rpp C.SARAVANAN, J.

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rpp 23.05.2024 Page No.4 of 4