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Madras High CourtCRL OP/21251/2023dismissed

Krishnamoorthi v. State Rep By

2023-09-19Honourable Mr Justice Rmt. Teekaa Raman2 pages

Crl.O.P.No.21251 of 2023 Crl.O.P.No.21251 of 2023 RMT. TEEKAA RAMAN.,J.

The petitioner who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 26, 35, 36, 41, 49-A,56, 56B, 56-C and 56-D of Tamil Nadu Forest Act 1882 and Sections 2, 3 (2), 7 and 9 of Tamil Nadu Timber Transit Rules 1968 and Sections 2, 3 and 4 of Tamil Nadu Timber Transportation Regulation Authorities 1982, in STOR No.2 of 2023, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioner was found in illegal possession of 29 pieces of red sandal worth about Rs.20 lakhs and 25 Sembulithan wood small pieces, without valid licence. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that based upon the specific information, the Forest Officer went to the house of the petitioner and after following the Revenue standing order, they broke open the door of the house of the https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.21251 of 2023 RMT.TEEKAA RAMAN,J., nvi petitioner and seized 29 pieces of red sandal worth about Rs.20 lakhs and 25 Sembulithan wood small pieces. He would further submit that the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.The learned counsel for the petitioner disputed the classification of the timber. It is for the further investigation only the dispute as to whether stated in the complaint or as pleaded in the petitioner is true, has to be ascertained.

6.After hearing the learned counsel on either side, I finds that the investigation is at a preliminary stage and involvement of the petitioner and the recovery has been made from the house of the petitioner and there is no change in the circumstances of this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 19.09.2023 nvi Crl.O.P.No.21251 of 2023 https://www.mhc.tn.gov.in/judis 2/2