Naina Mohamed @ Naina Moosa v. The Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI NAINA MOHAMED @ NAINA MOOSA ... PETITIONERS / ACCUSED No.2 Vs THE FOREST RANGER KEELAKARAI FOREST RANGE, RAMANATHAPURAM DISTRICT.

(WLOR NO.13/2023) ... RESPONDENT/ COMPLAINANT For Petitioner : MR.B.MAHENDRARAJAN, Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN RESPECT OF WLOR NO.13/2023 ON THE FILE OF THE FOREST RANGER, KEELAKARAI FOREST RANGE, RAMANATHAPURAM DISTRICT PENDING INVESTIGATION AND THUS RENDER JUSTICE.

ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 2, 9, 39(1)(a)(b),39, 3(a)(b)(c), 49-A(a)(b), 1/3

50 and 51(1) of Wild Life Protection Act, 1972, in WLOR.No.13 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with another accused illegally hoarded the 90 kg of boiled sea cucumber worth aboutRs.3 Crores in order to smuggle the same to China. Thereby, the Law Enforcing Authority, registered a case against the petitioner and another accused.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that this is the fourth anticipatory bail petition. Earlier petition filed by the petitioner in Crl.OP(MD)No.21738 of 2023 was dismissed by this Court, on 05.12.2023. He further submitted that all the allegations are made against only A1 and he is having 9 previous cases. But, no previous case is pending against the petitioner. Further, the boiled Sea Cucumbers were recovered from only A1. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State submitted that A1 is the son-in-law of the petitioner. With the aid of this petitioner, A1 used to smuggle the Sea Cucumbers to China. The Sea Cucumber is the valuable species of the Indian Costal Region. The value of the hoarded Sea Cucumbers is more 2/3

than Rs.3 Crores. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that the illegal transportation of such valuable Sea Cucumber, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 18/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE FOREST RANGER KEELAKARAI FOREST RANGE, RAMANATHAPURAM DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :18/01/2024 PKP/GS/SAR /31.01.2024/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3