Appadurai v. State Through The Forest Range

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15858 of 2017 APPADURAI ... PETITIONER/ACCUSED No.2 Vs STATE THROUGH THE FOREST RANGE OFFICER, MEGAMALAI, THENI DISTRICT, F.R.O IN S.T.O.R. 1/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.MALAICHAMY Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Act V, Section 2, 21(d), (e), (f) and 56(A), 56(B), 56(D) and 51 of Tamil Nadu Forest Act, 1882 of IPC, F.R.O. in S.T.O.R. 1 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused entered into the forest area and cut the 15 years life trees, thereby, the forest officials registered a case against the petitioner and other accused persons.

3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State fairly submitted that the other two accused persons were released on bail, now the present case is only against A2. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), 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 https://hcservices.ecourts.gov.in/hcservices/

appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aundipatti, Theni District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 10.30 a.m., for a period of four weeks; (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail; (v) 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 and the anticipatory bail granted stands cancelled automatically. sd/- 21/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, AUNDIPATTI 2 THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 STATE THROUGH THE FOREST RANGE OFFICER, MEGAMALAI, THENI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.MALAICHAMY Advocate SR.No.34789

ORDER

IN CRL OP(MD) No.15858 of 2017 Date :21/11/2017 SMA/CM/SAR-4/24.11.2017:2P/6c https://hcservices.ecourts.gov.in/hcservices/