Madras High CourtCRL OP(MD)/5488/2020dismissed

Kannan v. The Forest Ranger

2020-05-28Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.5488 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5488 of 2020

1. Kannan,

2. Subash @ Sundaralingam,

3. Balakrishnan, ... Petitioners/Accused Nos.2,3 & 4 Vs The State rep.by The Forest Ranger, Boothapandi Forest Range Office, Kanyakumari District.

(Crime No. WLOR No.11 of 2020). ... Respondent/Complainant For Petitioner : M/s.S.Palani Velayutham, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no. WLOR No.11 of 2020 on the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioners were arrested and remanded to Judicial Custody on 29.04.2020 for the offences punishable under sections 9, 27, 39, 44(b), 51, 52 of Wild Life Protection Act and Section 21(d) of Tamil Nadu Forest Act in WLOR No.11 of 2020 on the file of the respondent police. They seek bail.

3.The petitioners herein have illegally ventured into the reserved forest and had hunted a monitor lizard, which is listed under Schedule I in the Wild Life Act.

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CRL OP(MD). No.5488 of 2020 4.The learned Additional Public Prosecutor opposed the bail petition on the ground that during COVID-19 lock down period, these petitioners have entered into a reserved forest which has been declared as bio-diversity hotspot and declared as natural heritage site by the UNESCO and wildlife sanctuary. If the petitioners are released on bail, there is every possibility of recurrence of occurrence.

5.Recording the objection raised by the learned Additional Public Prosecutor, this criminal original petition is dismissed. sd/- 28/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE FOREST RANGER, BOOTHAPANDI FOREST RANGE OFFICE, KANYAKUMARI DISTRICT.

2. THE OFFICER INCHARGE, BORSTAL SCHOOL IN KUZHITHURAI, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5488 of 2020 Date :28/05/2020 GNS AE/PN/SAR-II (29.05.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2