Mohammed Asraf v. Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10472 of 2017 MOHAMMED ASRAF ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, FOREST RANGER, SRIVILLIPUTHUR RANGE, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

SWOR NO.1 OF 2006 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor 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 offence punishable under Section 36-A of Tamil Nadu Forest Act, 1882 in Crime No.1 of 2006 on the file of the respondent Police, seeks anticipatory bail.

2.The learned counsel for the petitioner submitted that the petitioner is regularly appearing before the trial Court from 2008 to 2013 without fail, however, on the date of hearing on 29.01.2014, he went to abroad for taking treatment for his aged parents, due to same he was not able to appear before the trial Court and therefore, Non Bailable Warrant was issued on 29.01.2014. 3.The learned Additional Public Prosecutor appearing for the respondent Police on instructions would submit that totally there are 3 accused in this case and the petitioner herein is arrayed as A1. He further submitted that A2 died & A3 is still absconding. He would further submit that due to the absence of the petitioner on https://hcservices.ecourts.gov.in/hcservices/ 29.01.2014 Non Bailable Warrant was issued against the petitioner.

4.Considering the facts and circumstances of the case, this Court is inclined to direct the petitioner to appear before the concerned Court within 10 days from the date on which the order copy is made ready and file a petition to recall the warrant and the trial Court is directed to dispose the petition on the same day. If the petitioner fails to appear within stipulated time, this petition stands dismissed.

sd/- 21/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 FOREST RANGER SRIVILLIPUTHUR RANGE, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.29116

ORDER

IN CRL OP(MD) No.10472 of 2017 Date :21/08/2017 MKV-CM-MSA-SAR 4/29.8.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/