M. Rajkumar v. The Forest Range Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14018 of 2015 M. RAJKUMAR ... PETITIONER /2nd ACCUSED Vs THE STATE REP.BY THE FOREST RANGE OFFICER, MYILADUMPARAI DIVISION, KANDAMANUR FOREST RANGE, THENI DT. O.R.NO.1/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.SUBASH BABU Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 26(f) of Tamil Nadu Forest Act, Section 9 and 31 of the Wild Life Protection Act, 1972 and Section 3 and 25(1a) of Indian Arms Act, 1959, in Crime No.1 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant, the accused attempted to hunt a deer in a reserved forest area.

3.The learned counsel for the petitioner submitted that the first accused was having a licensed gun and it expired recently and even as per the prosecution, the second petitioner has only accompanied the first accused. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that the petitioner is having one previous case of similar in nature, in which he has hunted a monkey and the first accused was arrested and released on bail.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Andipatti and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, ANDIPATTI, 2.THE CHIEF JUDICIAL MAGISTRATE THENI.

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

4.THE FOREST RANGE OFFICER MYILADUMPARAI DIVISION, KANDAMANUR FOREST RANGE, THENI DISTRICT. +1. CC to M/S.N.SUBASH BABU Advocate SR.No.44078

ORDER

IN CRL OP(MD) No.14018 of 2015 Date :04/08/2015 rg.06/08/2015 2p/6c.

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