Mansoor Ali v. The Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2051 of 2020 Mansoor Ali ... Petitioner/Accused No.2 Vs State Rep by The Forest Ranger, Gulf of Marine Tamilnadu National Park, Thoothukudi O.R.No.1 of 2020.

... Respondent/Complainant For Petitioner : M/s.B.N.Raja Mohamed, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on bail in the event of his arrest in connection with the case in O.R.No.1 of 2020 on the file of the Forest Ranger, Gulf of Marine Tamilnadu National Park, Thoothukudi 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 apprehending arrest at the hands of the respondent police for the offences punishable under sections 9, 51

(1) of Wild Life Protection Act, 2002, in O.R.No.1 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The prosecution case is that 150 Kgs of sea-cucumber was seized from A1 and based on his confession, the involvement of the petiitoner came to light. The petitioner's house was raided and 200 Kgs of sea-cucmber was recovered from the petitioner's house. The recovered contraband was produced before the Judicial Magistrate also. A1 has been arrested. Therefore, this Criminal Original Petition came to be filed.

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4.When the matter was taken up for hearing, the learned Government Advocate pointed out that the petitioner is having three other previous cases. The details are as follows: 1) W.L.O.R.No.20 of 2010, 2) W.L.O.R.No.6 of 2016 and 3) W.L.O.R.No.1 of 2019 on the file of Gulf of Marine Tamilnadu National Park, Thoothukudi.

5.Since, substantial quantity of sea cucumber was recovered from the petitioner's premises and since the petitioner is having three previous cases of the same nature, I am not inclined to grant relief to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed.

Sd/- 06.02.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1.The Forest Ranger, Gulf of Marine Tamilnadu National Park, Thoothukudi O.R.No.1 of 2020.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.2051 of 2020 Date : 06/02/2020 VB(12.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/