Brucelee @ Ganesan v. The Forest Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.Brucelee @ Ganesan 2.Masana Karuppasamy @ Masanam ... Petitioners/Accused No.3 and 4 Vs The State rep.by The Forest Officer, Rajapalayam Forest Range, Rajapalayam, Virudhunagar District.
WLOR No.1 of 2021 ... Respondent/Complainant For Petitioners : Mr.J.Sankara Pandian, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To pass an order directing the petitioners to be released on bail in the event of their arrest in connection with WLOR no.01 of 2021 on the file of the Forest Officer, Rajapalayam Forest Range, Rajapalayam, Virudhunagar District Forthwith. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 21(d) (f)(h) of the Tamilnadu Forest Act, 1882 and Sections 9, 27, 29, 31, 32, 39, 50 and 51 of the Wildlife (Protection)Act, 1972 in WLOR.No.01 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners and other accused persons were in illegal possession of meat of calf bison. Hence, the complaint.
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3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that there is no recovery from the petitioners and the first petitioner is a mason and the second petitioner is the watchman. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that the petitioners and other accused were said to have haunted a bison for meat. Hence, he opposed to grant anticipatory bail to the petitioners. 5.Considering the above facts and circumstances of the case and considering the fact that no recovery from the petitioners herein, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners shall deposit a sum of Rs.10,000/- each (Totally Rs.20,000/-) to the credit of Wildlife Warden Grizzled Squirrel Wildlife Sanctuary, Srivilliputtur A/c.No.32423899351, IFSC Code-SBIN0000921, MICR Code-626002052, without prejudice to their rights and contentions before the trial Court.
7.On such deposit is being made, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rajapalayam, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioners 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;
(b)the petitioners shall appear before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial;
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(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;
(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 29/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3.THE FOREST OFFICER, RAJAPALAYAM FOREST RANGE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, WILDLIFE WARDEN GRIZZLED SQUIRREL WILDLIFE SANCTUARY, SRIVILLIPUTHUR.
ORDER
IN CRL OP(MD) No.3491 of 2021 Date :29/03/2021 GNS TK/VR/07.04.2021/3P/6C 3/3