J.Rajagopalapillai, v. The Forest Ranger,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of May Two Thousand Nineteen PRESENT The Hon'ble Mr Justice B.PUGALENDHI CRL OP(MD) No.6985 of 2019 J.RAJAGOPALAPILLAI ... PETITIONER / ACCUSED (NOT KNOWN) Vs THE STATE REP.BY THE FOREST RANGER, COURTALLAM SHO, TIRUNELVELI DISTRICT (W.L.O.R.NO.1/2019) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MURALI Advocate For Respondent : Mr.A.Robinson, 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 punishable under Sections Tamil Nadu Forest 1882 V (2), 21(d), F, I, 21, 1 (a) and 50 and 56, TNWP Act 2, 27, 28, 29, 32, 50, 51(1), 52, 57, 58 in W.L.O.R.No.1 of 2019, on the file of the respondent, seeks anticipatory bail. 2.Heard Mr.R.Murali, learned Counsel for the petitioner and Mr.A.Robinson, learned Government Advocate (Crl Side) appearing for the State.

3.The case of the prosecution is that petitioner is a contractor and his workers have carried out erection of poles inside the forest area using explosive substance without obtaining necessary permission from the forest department. Hence, the complaint.

4.The learned counsel appearing for the petitioner would submit that the petitioner obtained contract for erecting electric poles inside the forest area. However, without obtaining due permission, his workers have carried out the work on the occurrence day.

5.The learned Government Advocate (Crl Side) appearing for the respondent Police would submit that without valid permission, the petitioner is having some explosives substance. Hence, he opposed to grant anticipatory bail to the petitioner.

6.Taking into consideration the facts and circumstances of the case and also considering the nature of offence levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions.

7.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 on which the order copy was made ready before the learned Judicial Magistrate, Shenkottai, Tirunelveli District, on condition that the petitioner shall execute a separate 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 and on further conditions that:- [a] the petitioner as well as the sureties shall submit a copy of their Aadhar card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds. [b] the petitioner shall report before the respondent police weekly once i.e., every Monday at 10.30.am.

[c] the petitioner shall not tamper the evidence or witness either during investigation or trial.

[d] the petitioner shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trial and in event of the petitioner absconds, the respondent police shall register a case as provided under Section 229-A IPC.

[e] in the event of breach of any of the aforesaid conditions, the learned Magistrate / trial Court is entitled to take appropriate action against the petitioner, as per the principles laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 15/05/2019 / TRUE COPY / Sub-Assistant Registrar(C.S-III) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHENKOTTAI, TIRUNELVELI DISTRICT 2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE FOREST RANGER, COURTALLAM SHO, (W.L.O.R.NO.1/2019) 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1 CC to M/s.R.MURALI, Advocate ( SR-8469[I] dated 16/05/2019 )

ORDER

IN CRL OP(MD) No.6985 of 2019 Date :15/05/2019 ES/PN/SAR 3/20.05.2019/3P/6C