Madras High CourtCRL OP/13418/2021granted

Bhuvaneswari v. State Rep.By

2021-08-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13418 of 2021 BHUVANESWARI [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE FOREST RANGER OFFICER, TIRUTHANI RANGE, THIRUVALLUR DISTRICT.

(STOR NO.3 OF 2021) For Petitioner : M/S.P.CHANDRASEKAR Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 35, 35(b) and 36(c), 56(B) of Tamilnadu Forest Act, 1882 r/w Rule 2 and 9 of Tamilnadu Timber Transit Rules 1968 in STOR No.3 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused illegally transported red wood Hence, the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioners submitted that the petitioner's name does not find place in the F.I.R and he is only the previous owner of the vehicle in which the red wood was transported. He further submits that the petitioner have sold the vehicle in the year 2012 itself and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioners. 5.Considering the fact that there is no previous case as against the petitioners and the petitioner is only the previous owner of the alleged vehicle, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tirithani 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 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 daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation;

(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 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.

-sd/- 03/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE-I, TIRITHANI.

2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR DISTRICT (FOR INFORMATION) 3 THE FOREST RANGER OFFICER, TIRUTHANI RANGE, THIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.CHANDRASEKAR Advocate on payment of necessary charges CRL OP.13418/2021 Date :03/08/2021 INBA 10/08/2021