Senbagam v. The Forest Range Officer,

Orders Reserved on 11.09.2023 Orders Pronounced on Crl.O.P.No.19335 of 2023 RMT. TEEKAA RAMAN.,J.

The petitioner is A.1 in Crime No.6 of 2023 who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 29, 39(1)-(a,d), 39(3) (a,b,c,), 44, 49A, 49(B), 50, 51, 52, 56, 57 of the Wild Life (Protection) Act, 1972, seeks anticipatory bail.

2. The respondent/Forest Department has projected the crime as that on 05.04.2023 at about morning 4.00 hrs., regular vehicle checking conducted by the Velankanni Police at Kiramathuvedeedu to Chinnathambur Thaar Road, near by the maravatru bridge. A Tata Ace bearing Regn.No.TN50 X 9087 came there, police made search of the vehicle and found preserved sea cucumber was found 300 kg of preserved sea cucumber. On seeing the police party, driver of the vehicle the Singaravel/A.2 and Kesavan/A.3, the police gave a chase and apprehended them. Totally, they found 330 kgs. of sea cucumber, thereafter Velankanni police handed over this case to the respondent/complainant.

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3. The learned counsel for the petitioner would submit that he is running a fish market in the name of PPF Fishing Company and to sell and export fishes, octopus to the neighbouring districts and states and further submit that the petitioner is the owner of the Tata Ace bearing Regn.No.TN50 X 9087 which is alleged to have involved in this case and this is the sole reason for impleading the petitioner and he is innocent.

4. The learned Government Advocate (crl.side) would state that the earlier petition filed for anticipatory bail in Crl.O.P.No.9361 of 2023 was dismissed as withdrawn on 26.06.2023. The learned Government Advocate also filed counter of the Forest Range Officer of Nagapattinam, inter alia contended that the matter is under investigation and he accused A.2 & A.3 were arrested and granted bail by this Court in Crl.O.P.No.10111 of 2023 on 04.05.2023 solely on the ground that the period of incarceration was taken into account.

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5. After perusing the complaint and also the statement made by the Forest Range Officer that an extent of 330 kgs of preserved sea cucumber was found to be transported in the Tata Ace bearing Regn.No.TN 50 X 9087 owned by the petitioner herein and in the confession statement of A.2 & A.3, it is the specific averment that on instruction of A.1, they packed the sea cucumber which costs about Rs.2.5 crores. Considering the nature and gravity of the offences, Rs.2.5 crores, the stage of investigation and the specific overtact alleged against the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. rgr 3/4

RMT. TEEKAA RAMAN.,J.

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