Raja v. Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3584 of 2017 1 RAJA 2 RAMASAMY ... PETITIONER/ACCUSED NO.3 AND 4 Vs STATE REPRESENTED BY, FOREST RANGER THIRUPATHUR FOREST RANGE, SIVAGANGAI DISTRICT CRIME NO.6 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.SENTHIL KUMAR Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-3 & A-4 in Crime No.

06 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 9, 39, 49(B), 50 and 51 of the Wile Life (Protection) Act, 1972 and 506(i) of IPC and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the accused were hunting peacocks by using air guns.

4.The learned counsel for the petitioners would submit that the petitioners have nothing to do with the alleged offence and they have been falsely implicated in this case, even without recovering the air gun.

5.The learned Government Advocate (Crl. Side) would submit that there are totally five accused in this case and that the petitioners are A-3 and A-4, and A5 is absconding. A-1 and A-2 were arrested and they are still in custody.

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6.Considering the facts and circumstances of the case and also considering the fact that the weapon, which is said to have been used for the offence, is not recovered from the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thirupathur and on their executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m., until further orders, for interrogation.

The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 27/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THIRUPATHUR, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE FOREST RANGER, THIRUPATHUR FOREST RANGE,SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 cc to M/S.R.SENTHIL KUMAR, ADVOCATE, SR No. 18052 RJ2 CSL/CM-MSA/SAR-IV/07.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.3584 of 2017 Date :27/03/2017 https://hcservices.ecourts.gov.in/hcservices/