Madras High CourtCRL OP(MD)/6523/2021dismissed

Vilvabhuvaneshwaran v. The Inspector Of Police

2021-05-20Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.6523 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6523 of 2021 Vilvabhuvaneshwaran ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Jetty Police Station, Rameswaram, Ramanathapuram District.

(Crime No.95/2021) ... Respondent/Complainant For Petitioner : Mr.J.Sankara Pandian, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.95/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 9, 39(1), 50 and 51(1) of Wild Life Protection Act, 1972 in Crime No.95 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 12.04.2021, the petitioner along with other accused illegally attempted to transit 611 kg of preserved sea cucumber and 689 kg of unpreserved cucumber. Further, they also attempted to transit another 1500 kg of sea cucumber and on seeing the police personnel, all the accused fled away from the scene of occurrence. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is not involved in the alleged offence and he was falsely arrayed as an accused in this case. He would further submit that all the properties have been recovered by the respondent police and also the investigation is almost over.

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CRL OP(MD). No.6523 of 2021

4. The learned Additional Public Prosecutor appearing on behalf of the respondent police submits that when the police party inspected the place of occurrence, this petitioner was also seen along with his father and he was helping out his father in the illegal activities. Further, his father is absconding.

5. Considering the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner, since the first accused is absconding.

6. In view of the above, I do not find any merit in this petition. Accordingly, this petition stands dismissed. sd/- 20/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, JETTY POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.6523 of 2021 Date :20/05/2021 cp MS/PN/SAR-3/28.05.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2