S.Kumaresan v. Forest Ranger
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN S.Kumaresan ... Petitioner/Accused No.1 Vs The State rep.by, Forest Ranger, Wild Life Range, Madurai.
W.L.O.R No. 01 of 2023.
... Respondent/Complainant For Petitioner : Mr.R.Gandhi, Senior Counsel for Mr.L.Murugan, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on bail in the event of his arrest or surrender in W.L.O.R No. 01 of 2023 pending investigation on the file of the respondent ORDER : The Court made the following order :- The petitioner/A1 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 2(1), (2),(5),(11),(12B),(14),(15),(17),(18),(19),(23),(24A),(25B), (30), (31)(32),(36),(37)r/w.39, 40, 42, 44, 44(1a),47, 48, 49, 50, 51(1) 52,55 ,56, 57 of Wild Life (Protection) Amendment Act, 2022 in W.L.O.R. No.01 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the A2 has sold an Ivory Elephant Artefact to the petitioner herein for a sum of Rs.1,20,000/-, hence the case.
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3. Heard both side and perused the materials available on record including the First Information Report.
4. Taking into consideration of the facts and circumstances of the case and also the fact that only A2 has sold the same to the petitioner herein and also the fact that the other accused persons were released on bail, this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:
5. 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 on which the order copy made ready, before the learned Judicial Magistrate No.VI, Madurai 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner 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 petitioner shall report before the respondent police daily at 10.30 am., for a period of two weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 20/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3.THE FOREST RANGER, WILD LIFE RANGE, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5207 of 2023 Date :20/03/2023 RK/MMS/SAR-3(24/03/2023) 3P/5C 3/3