D.Suresh v. State Rep By

Crl.O.P.No.8198 of 2016 K.KALYANASUNDARAM, J.

The petitioners, who are arrayed as A7 to A9 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 2(15, 16a) 9, 58(2) of Wild Life Protection Act 1972 and Section Tamil Nadu Forest Act 1882 V Sec. 21 Sub Section (d), (e), (g), (h), 21(2) in Crime No.2 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the accused persons had collected the chemical waste from the first accused company and dumped the same in the forest area and thereby committed the said offences.

3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case. It is further submitted that the petitioners have not committed any offences as alleged by the respondent.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the earlier application filed by the coaccused before this court in Crl.OP No.5624 of 2016 was ordered and granted anticipatory bail on 21.03.2016. It is further submitted that the petitioners have no bad antecedent.

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

K.KALYANASUNDARAM, J.

vs 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Chengalpattu and on each of them executing 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 learned Magistrate concerned and on further condition that the petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each towards costs to the Chief Justice Relief Fund, High Court of Madras, Chennai - 600 104, within a period of two weeks from the date on which, the copy of the order is made ready and the petitioners shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. 12.04.2016 vs Crl.O.P.No.8198 of 2016