C Elumalai v. The State Rep By
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with WLOR.No.1 of 2024 registered for the offences punishable under Sections 21(d) & (h), Act -V of Tamil Nadu Forest Act, 1882 and Sections 2, 9, 39, 41, 50, 51 and Schedule I and II of Wild Life Protection Act, 1972 and Sections 25(1)(B) of Indian Arms Act, 1959, the present petition has been filed by the petitioner seeking anticipatory bail.
2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that the petitioners are innocent and they have been falsely implicated in this case, due to previous enmity. He also submits that the co-accused in this case has been granted bail by this Court in Crl.O.P.No.29602 of 2024 on 27.11.2024.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for Page No.1 of 4
grant of bail, is that the accused trespassed into the reserved forest area and shot with an illegal country gun, resulting in the death of one person.
4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Tirupathur, on condition that each of the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
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[b] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of two weeks, thereafter every Saturday at 10.30 a.m. until further orders; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
02.12.2024 vkr A.D.JAGADISH CHANDIRA , J.
vkr Page No.3 of 4
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