M.Aravindh v. The Forest Range Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2020
CORAM
THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.17469 of 2020 M.Aravindh ... Petitioner Vs.
The Forest Range Officer, Wild Life Police Station, Head Office (Wild Animals), Velacherry, Chennai District.
(W.L.O.R.No.24 of 2020) ... Respondent Prayer:
Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Connection with the W.L.O.R No.24 of 2020 pending on the file of the respondent police.
For Petitioner : Mr.M.Dinesh For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 35(6), 39 (1) (3) (a) (b), 48 A, 50 r/w. 51 of Wild Life Protection Act, 1972, in W.L.O.R.No.24 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was found in illegal possession of 5.590 Kgs of coral and he has made an advertisement in OLX for sale of the same. Hence, the complaint.
3. The learned counsel for the petitioner would submit the petitioner is a student and he is an ornamental fish collector and he had advertised for the sale of the said corals. He would further submit that the petitioner is prepared to appear before the respondent for enquiry. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the petitioner had advertised the sale of the banned wild life item of coral from Dhanushkodi. He would further submit that the petitioner collected coral and offered it for sale in OLX. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner.
5. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;
6. 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 on which the copy of the order is made ready, before the Metropolitan Magistrate - IX, Saidapet, 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, 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.
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
8.With the above directions, this Criminal Original Petition is ordered.
-sd/- 06/11/2020 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 METROPOLITAN MAGISTRATE NO.IX, SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE FOREST RANGE OFFICER WILD LIFE POLICE STATION, HEAD OFFICE (WILD ANIMALS) VELACHERRY, CHENNAI DISTRICT.
+1CC to M/S.M.DINESH Advocate on payment of necessary charges SR NO.7378 CRL OP.17469/2020 Date :06/11/2020 MK:18/11/2020