S Balaji v. Forest Range Officer

Crl.O.P.No. 13149 of 2023 K.GOVINDARAJAN THILAKAVADI , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 2(2), 39, 44, 49(A-C), 50, 51(1A), 52, 55, 56, 57, 58(AtoY) of Wildlife Protection Act, 1972 and under Sections 56, 56(B,D) of the Tamil Nadu Forest Act, 1882 in WLOR No.01 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that on 26.04.2023, based on a secret information, the Tamil Nadu Forest and Wildlife Crime Control Bureau had made a search on the petitioner's shop and found that the petitioner was found to be in possession of wildlife materials and karungali wood. Hence, a case.

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 was found to be in possession of wildlife materials and karungali wood. He would also submit that there is no previous case as against the petitioner. However, 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 II, Chengalpet, 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. 13149 of 2023 28.06.2023