Ramasamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20196 of 2021 RAMASAMY [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE FOREST RANGE OFFICER, SHEVAROYS SOUTH RANGE, SALEM-638 007 (WL. OR.NO.14/2021) (CRIME NO.570 OF 2021) For Petitioner : M/S.S.MANOHARAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 341, 353 of IPC in Crime No.570 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the Forester and the Forest Guard were on regular checkup they found that the petitioner along with other accused persons were in illegal possession of 4kgs of dead monitor lizard. Based on the complaint given by the defacto complainant/forest guard, the law enforcing agency registered the case against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. . However, on instructions he further submits that without prejudice to his defence and contentions, the petitioner on his own volition is ready to deposit a sum of Rs.10,000/- in favour of "The District

Forest Officer, Salem" for the welfare of wild animals. He further submits that co-accused was already enlarged on bail by this Court in Crl.OP.No.16034 of 2021 dated 06.09.2021. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submits that petitioner along with two others went into the Reserve Forest area and they were hunting monitor lizard by using dog and thereby, the petitioner along with two others are having illegal possession of 1 No. Monitar Llizard(died) at Pannikaradu North Beat, Thekkampatty Pirivu, Servaroyan South Range, Salem belonging to the Government. He vehemently opposed to grant of anticipatory bail to the petitioner.

5. Taking into consideration the submissions advanced on behalf of the petitioner and also the fact that the petitioner has willfully and on his own volition agreed to pay contribute a sum of Rs.10,000/- for charitable purpose, 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Omalur, Salem District on condition that each of 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) if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner shall make a non-refundable deposit of Rs.

(c) 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;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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 has 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 28/10/2021 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, OMALUR,SALEM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE FOREST RANGE OFFICER, SHEVAROYS SOUTH RANGE, SALEM-638 007.

4 THE DISTRICT FOREST OFFICER, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.S.MANOHARAN Advocate on payment of necessary charges SR.NO.12044 CRL OP.20196/2021 Date :28/10/2021 CSK 12/11/2021