P.Murugan, v. The Ranger Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6035 of 2019 P.MURUGAN, ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE RANGER OFFICER, SAPTUR FOREST CIRCLE OFFICE, SAPTUR, PERAIYUR TALUK, MADURAI DISTRICT.

(IN CRIME.NO.NOT KNOWN/2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.C.PRABHAKARAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 2(26) and Section 27,29,51 and 21(d)(g)of Wild Life Protection Act in W.L.R.No.9 of 2019, on the file of the respondent police, seeks anticipatory bail.

2.It is the case of the prosecution that the petitioner herein has taken water illegally to Sathuragiri Temple. Hence the complaint 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person. On instructions he would also submit that he is ready and willing to pay Rs.10,000/- for the Forest Department for the welfare of the Forest. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is pending. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner has come forward to deposit Rs.10,000/- to the Forest Department for the welfare of the forest, this Court is inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate cum Munsif Court, Peraiyur on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the petitioner is directed to pay Rs.10,000/- to the Forest Department for the welfare of the forest and on receipt of the same, sureties shall be accepted (b)the petitioner and 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;

(c)the petitioner shall report before the respondent police as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 25/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE CUM MUNSIF COURT, PERAIYUR.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE RANGER OFFICER, SAPTUR FOREST CIRCLE OFFICE, SAPTUR, PERAIYUR TALUK , MADURAI DISTRICT 4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

COPY TO THE OFFICE INCHARGE, FOREST DEPARTMENT, MADURAI DISTRICT.

+1. CC to Mr.C.PRABHAKARAN Advocate SR.No.7189 PS/JC/SAR-4/30.04.2019/3P/7C

ORDER

IN CRL OP(MD) No.6035 of 2019 Date :25/04/2019