Lakshmanan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.25219 of 2021 Lakshmanan ... Petitioner

Versus

The State represented by The Forest Range Officer, Singarapettai Range, Krishnagiri District.

(STOR No.1 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in STOR No.1 of 2021 pending on the file of the respondent.

For Petitioner :

Mr.E.Kannadasan For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 2,35,35(B), 36 & 56 of Forest Act 1882 and Section 2, 3 & 4 of Tamil Nadu Timber Transit Rules 1968 in STOR No.1 of 2021,seeks anticipatory bail.

2. The case of the prosecution is that on 19.10.2021 on receipt of secret information when the respondent police formed a team and proceeded towards Jawathu Hills near at Kilur Village, while at that time two lorries were intercepted and the respondent police stopped the vehicle and made search and found 90 nos. of teak wood trees, on enquiry they came to know that without having valid permission, they transported the teak wood from the patta land of A3, while at that time of enquiry A2 and this petitioner were escaped from there. Hence they seized the two lorries along with the contraband and registered a case against this petitioner and 2 others and try to arrest them. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that no previous case pending against the petitioner and without permission they planted the thekku trees and cut down the same. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate - II, Thiruppathur, 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 is directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of the Registered Advocate Clerk Association, Thirupathur District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below. [b] 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.

[c] the petitioner is directed to report before the respondent police daily at 10.30 a.m., until further orders; [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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 22/12/2021 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, NO.II, THIRUPPATHUR 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE FOREST RANGE OFFICER, SINGARAPETTAI RANGE, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, THIRUPATHUR DISTRICT.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges Sr.15421 CRL OP.25219/2021 Date :22/12/2021 RVR 28/12/2021