Subramaniyan v. State By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Subramaniyan ... Petitioner Vs.

The State represented by, The Inspector of Police, Forest Range Officer (Police Station), Villupuram District.

(WLOR Crime No.7 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with WLOR Crime No.7 of 2024, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.V.Sambamurthy For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of WLOR Crime No.7 of 2024 registered for the offences punishable under Sections 39(1)(b)(d)(5), 40(1)(2)(2a), 1/4

2(b), 42, 43, 48, 48(A), 49, 49A, 49(B), 49(C), 50, 52, 56, 57 of Wild Life Protection Act, 1972, is on board for consideration.

2. The incarceration of the petitioner being from 14.11.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seek indulgence of this Court. He submits that the petitioner was arrested by the respondent only based on the suspicion that he had gone to purchase the ivory toys and further, there is no material to connect the petitioner to this crime. He further submits that the co-accused have been enlarged on bail by this Court in Crl.O.P.No.31743 of 2024 dated 19.12.2024. He also submits that the petitioner, without prejudice to the defence and contention, are ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution as putforth by the learned Government Advocate appearing for the respondent police, opposing for grant of bail, is that the respondent have arrested the accused since they were in illegal possession of ivory toys intending to sell them. He further submits that there is no previous case against the petitioner and the investigation in this case is still pending. 2/4

4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Gulf of Mannar, Biosphere Reserve Trust (State Bank of India, Ramnad Branch, A/c No.33658054216, IFSC Code: SBIN0000908), without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

5. Further, having heard the learned counsel for the petitioner and the learned Government Advocate for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on him executing 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 learned Judicial Magistrate No.I, Villupuram, and on further conditions that: [a] 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;

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m. until further orders; 3/4

A.D.JAGADISH CHANDIRA.,J.

ham [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 B.N.S.

20.12.2024 ham To

1. The Judicial Magistrate No.I, Villupuram.

2. The Inspector of Police, Forest Range Officer (Police Station), Villupuram District.

3. The Superintendent, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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