V.Saravanakumar v. The Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/03/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.3862 of 2022 V.Saravanakumar ... Petitioner/Accused No.1 Vs The State Rep through The Forest Ranger, Srivilliputtur Forest Range (In W.L.O.R.No.13 of 2021) ... Respondent/Complainant For Petitioner : Mr.V.Selvakumar, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in W.L.O.R.No.13 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 2(16), 9, 39, 50 and 51 of Wild Life Protecction Act, 1972, in W.L.O.R.No.13/2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 21.11.2021, the petitioner was found in possession of meats of spotted deer and mila deer (Sambar deer), which they hunted and stored for sale. 3.The learned counsel for the petitioner submitted that this is the second anticipatory bail petition and the earlier petition for anticipatory bail was dismissed on the ground that the petitioner is having three previous cases of similar nature. However, he submitted that the petitioner is having only one previous case which is not https://hcservices.ecourts.gov.in/hcservices/

similar in nature. He further submitted that the petitioner is innocent and he has been falsely implicated in this case. 4.The learned Government Advocate (crl.side) has produced the CD file and submitted that three previous cases are pending against the petitioner in similar nature and the manner of the occurrence also crucial in nature. They use explosive substances and when the animal bites the same, it gets exploded and cause severe injury to the animals. This is modus operandi of the petitioner. 5.Considering the facts and circumstance of the case and the manner in which the occurrence h as taken place and also the fact that the petitioner is having three previous case of similar nature and there is no change in circumstances, this court is not inclined to allow this petition.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 14/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE FOREST RANGER, SRIVILLIPUTTUR FOREST RANGE.

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

+1. CC to M/S.SELVAKUMAR V Advocate SR.No.2011

ORDER

IN CRL OP(MD) No.3862 of 2022 Date :14/03/2022 SP/JM/SAR IV/21/04/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/