John v. The Forest Range Officer

CRL OP(MD). No.396 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.396 of 2020 John, ... Petitioner/Accused No.10 Vs State rep.by The Forest Range Officer, Vellimalai Forest Range Officer, Nagercoil.

(S.T.O.R.No.2 of 2019).

... Respondent/Complainant For Petitioner : M/s. R.C. Paul Kanagaraj, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in S.T.O.R.No.2 of 2019 on the file of the Special Sub Court (Special Judge) for Forest Offence Cases, Nagercoil, Kanyakumari District.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is apprehending arrest at the hands of the respondent police for the offences punishable under sections 21(d) (e)(f), 35 and 36 of Tamil Nadu Forest Act and under Section 27 and 29 of Wild Life Protection Act 1972, in S.T.O.R.No.2 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner had earlier filed a petition for anticipatory bail before me in Crl.O.P.(MD)No.17275 of 2019, apprehending arrest at the hands of the respondent in S.T.O.R.No.2 of 2019. The same was dismissed by me on 26.11.2019. While dismissing, I had recorded https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.396 of 2020 the statement of the learned Government Advocate that the petitioner is having one previous case of the same nature. The petitioner had pleaded guilty in S.T.O.R.No.17 of 2003 and also paid fine. The coaccused Francis in his confession implicated the petitioner as a member of their team. The petitioner thereafter filed Crl.O.P.(MD) No.18844 of 2019. It was dismissed as withdrawn. 4.This is the petitioner's third attempt. There is absolutely no change in circumstances. However, the learned counsel for the petitioner pointed out that the value of the tree involved would not be much and in any event he is willing to deposit some money to the account of S.T.O.R.No.2 of 2019.

5.Considering the submission made by the learned counsel for the petitioner, I permit the petitioner to surrender before the Court concerned and apply for regular bail. The Court below shall accept the petitioner's surrender and dispose of the petitioner's bail petition on the same day after imposing appropriate conditions on him.

6.With this direction, this Criminal Original Petition is disposed of.

sd/- 10/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SPECIAL SUB COURT (SPECIAL JUDGE) FOR FOREST OFFENCE CASES, NAGERCOIL, KANYAKUMARI DISTRICT.

2. THE FOREST RANGE OFFICER, VELLIMALAI FOREST RANGE OFFICER, NAGERCOIL.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.R.C.PAUL KANAGARAJ, Advocate ( SR-728[I] dated 10/01/2020 )

ORDER

IN CRL OP(MD) No.396 of 2020 Date :10/01/2020(1/2) PNN AE/JC/SAR-I (23.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2