Kartickeyan v. The Forest Officer

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 2(31), 39B, 44, 50, 51, 52 and 58C of Wildlife Protection Act, 1972 in Crime No.11 of 2024, on the file of the respondent police, seek anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Coaccused have been granted bail. He further submitted that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that, based on the confession of the 3rd and 4th accused, petitioner was implicated in this case. He further submitted that petitioner approached 4th accused to sell elephant ivory. Elephant ivory was recovered

from 1st accused's wife. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

4.Taking into consideration the facts of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned VII Judicial Magistrate Court, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, (out of which, one surety must be a blood surety), 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 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 Court concerned 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 on daily at 10.30 a.m, for a period of two weeks and directed to co-operate for investigation; [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 has been imposed and the petitioner is 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;

05.06.2024 gd T.V.THAMILSELVI,J.

gd 05.06.2024