Anbarasu.R v. State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Act V and Sections 21 (d), (e), (f) and 50 of the Tamil Nadu Forest Act, 1882, on the file of the respondent, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that there is a contract between the petitioner and the Institute of Forest Genetics and Tree Breeding (IFGTB) (Indian Council of Forestry Research and Education) for clearing certain portions of the forest land within the reserved forest. However, he is falsely implicated for cutting various trees included the scheduled trees. It was only the second accused, who had cut the trees and petitioner has no connection with this. Thus, he seeks for grant of anticipatory bail for the petitioner.

3. In response, the learned Government Advocate (Criminal side) submitted that it is true that petitioner was granted with a contract for clearing certain portions of the forest land by the Institute of Forest

Genetics and Tree Breeding (IFGTB) (Indian Council of Forestry Research and Education). The contract was only to clear certain portions of the land and not for cutting the trees, especially, the scheduled trees. However, petitioner engaged the second accused for cutting the trees, including the scheduled trees. On 20.06.2023, at about 3.00 p.m., forest officials found, trees including scheduled trees, namely, Karungali trees were cut and loaded in a lorry bearing registration No.TN31CA2788. On seeing the forest officials, petitioner escaped from the scene of occurrence and second accused was arrested.

4. In the light of the facts obtained in this case that petitioner having taken advantage of the permission for clearing certain portions of the land, cut the trees including the scheduled trees, especially, Karungali trees and tried to illegally transport the same in a lorry bearing registration No.TN31CA2788 with the help of the second accused and the fact that investigation in this case is not completed and that the offence committed is against forest produce, this Court is not inclined to grant anticipatory bail for the petitioner. Accordingly, this Criminal

Original Petition is dismissed.

31.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 31.07.2023