M.Naveen v. The Inspector Of Police

Crl.O.P.No. 12215 of 2023 K.GOVINDARAJAN THILAKAVADI , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section Tamil Nadu Forest Act Chapter V Section 21(d), (h) and Indian Protection of Forest Animals Act Chapter 3, Section 2 and Sub Section 16, 9, 27, 31, 39, 49, 50c & 51 in WLOR No.03 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with another accused trespassed into forest range and hunted Deer and packed the deer flesh in polythene bags for selling. On seeing the respondent police, the petitioner and the another accused ran away from the place of occurrence leaving their two wheeler. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate(Crl.side) for the respondent submitted that the petitioner along with another accused had trespassed into the forest range and hunted the deer in order to sell its meat. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and the submissions of both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, 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 Judicial Magistrate Sathyamangalam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty five

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:

[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 report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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 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.

28.06.2023 nr

K.GOVINDARAJAN THILAKAVADI , J.

nr Crl.O.P.No. 12215 of 2023 28.06.2023