Natarajan v. State Rep By

Crl.O.P.No.21444 of 2023 Crl.O.P.No.21444 of 2023 C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in FRO No.132 of 223, registered under Sections 21(d)(e)(g) and (i) of Tamil Nadu Forest Act, 1882, 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.It is the case of the prosecution that on 07.8.2023, the officials of Javvad Hills Forest had patrolled near Verappanur Komutteri reserved forest and it was found that the petitioner had trespassed into an extent of 1⁄2 acre for the purpose of clearing small trees and for the purpose of farming. My learned predecessor, by an order dated 20.9.2023, to find out the actual facts had directed the respondent to measure the land and give a detailed status report before this Court.

A status report has been accordingly filed by the respondent also enclosing the GPS maps as originally found in the year 2010 and subsequently as found in the year 2014 and later as found in the year 2018. There is significant difference in the greenery in the three maps. The area had been gradually reduced and in the latest map, it is found that substantial portion of greenery had been encroached and waste land created. This would only indicate that the forest area has been encroached upon and the greenery of the reserve forest had been cut down to make way for the use of the petitioner herein. The petitioner does not dispute the fact that he was https://www.mhc.tn.gov.

Crl.O.P.No.21444 of 2023 C.V.KARTHIKEYAN , J.

kp in possession of that particular area. In the status report, it had been also stated that the petitioner had encroached 1 acre in the year 2010, 3.75 acres in the year 2014, 6.44 acres in the year 2018 and now upto 7 acres of land of the forest land had been encroached and the natural trees which had been grown there had been felled. These facts being evident on the basis of the records, the relief sought seeking anticipatory bail is rejected. Petition stands dismissed. 4.Accordingly, this criminal original petition stands dismissed. 15.11.2023 kp Crl.O.P.No.21444 of 2023 https://www.mhc.tn.gov.in/judis 2/2