Chelladurai, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11778 of 2016 CHELLADURAI, ... PETITIONER / ACCUSED-2 Vs STATE REPRESENTED BY, THE SUB INSPECTOR OF POLICE, PULIARAI POLICE STATION, PULIARAI, TIRUNELVELI DISTRICT.

(CR.NO.94/2016) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.PRABHU, Advocate for M/S POLAX LEGAL SOLUTIONS For Respondent : MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.2, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353 IPC, Section 11(1)(a)(d)(e) of Prevention of Cruelty to Animals Act, 1960 and Section 192 of M.V. Act, in Crime No.94 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner transported animals without getting any permission and without obtaining any Certificate from the Veterinary Doctor and caused cruelty to the animals. On complaint case has been registered for the above said offences.

3.The case of the petitioner is that he is an innocent and he has not committed any offence as alleged by the prosecution. The petitioner was not found in the seized vehicle. A.1 and A.3 were already arrested and enlarged on bail on 11.07.2016 by the learned Judicial Magistrate, Shencottai.

4.The learned Government Advocate (Criminal side) submitted that the petitioner and other accused persons, without getting any permission, transported cattle to Kerala for sales and now all the animals were secured and kept in 'Kosalai' (cow shed) in Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considered the fact that the animals are secured, this Court is inclined to grant anticipatory bail to the petitioner with certain

conditions. 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 No.II, Shenkottai, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the respondent Police daily at 10.00 a.m. until further orders. (ii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioner shall not abscond either during investigation or trial.

(iv)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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not. sd/- 19/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN TO 1 THE JUDICIAL MAGISTRATE,NO.II, SHENKOTTAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT 3 THE SUB INSPECTOR OF POLICE, PULIARAI POLICE STATION, PULIARAI, TIRUNELVELI DISTRICT.

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

+1. CC to M/S POLAX LEGAL SOLUTIONS Advocate SR.No.37613 GJM/PEK/SAR-II-22.7.16-2P-6C

ORDER

IN CRL OP(MD) No.11778 of 2016 Date :19/07/2016 https://hcservices.ecourts.gov.in/hcservices/