Sethu v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the First day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.18297 of 2020 1 K.SETHU [ PETITIONERS / ACCUSED ] 2 KUMAR @ KODUVA KUMAR @ SENTHIL KUMAR Vs STATE REP BY, [ RESPONDENT ] THE FOREST RANGE OFFICER, KALLAKURICHI FOREST RANGER CIRCLE, KALLAKURICHI DISTRICT.
(CRIME NO.WL.OR.NO.11/2020) For Petitioner : M/S.G.MOHAMMED ASEEF Advocate For Respondent : MR.S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 21(b)(c)(d)(e)(f)(h) of Tamil Nadu Forest Act, 1882 r/w Section 9 , 50 (1) (c), 51 of Wild Life Protection Act, 1972 and 27 of Arms Act 1959 in Crime.W.L.O.R.No.11 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. Totally there are 3 accused in this case and the petitioners herein are A2 and A3. The case of the prosecution is that the petitioners along with other A1 was found in possession of 2 barrels of liquor and when the forest official questioned the same, the petitioners abused him with filthy language and ran away from the scene of occurrence. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. Hence he prays to grant anticipatory bail to the petitioner.
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4. The learned Additional Public Prosecutor submits that the petitioners the petitioners along with A1 were found in possession of 2 barrels of liquor and when the forest official questioned the same, the petitioners abused him with filthy language. He would further submit that for the above offence another case was registered in Kallakurichi Town Police Station and there are 3 previous cases pending against the petitioners. However he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case and also considering the gravity of offence committed by the petitioner and there are 3 previous cases pending against the petitioners, this is not a fit case to grant anticipatory bail.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/03/2021 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 FOREST RANGE OFFICER, KALLAKURICHI FOREST RANGER CIRCLE, KALLAKURICHI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.18297/2020 Date :01/03/2021 TA-16/04/2021 https://hcservices.ecourts.gov.in/hcservices/