K. Anbu @ Anbalagan v. The Forest Ranger
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5324 of 2016 K. ANBU @ ANBALAGAN ... PETITIONER/ACCUSED NO.5 Vs STATE REP BY THE FOREST RANGER (TRAINING), POOMPARAI FOREST RANGE, KODAIKANAL FOREST DIVISION, DINDIGUL DISTRICT.
(CRIME NO. 1 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.MUTHU VIJAYAPANDIAN Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 9, 32, 39(i)(b) and 51 of Wild Life Conservation Act, 1972, in Crime No.1 of 2016, on the file of the respondent Police, seeks anticipatory bail.
2. Heard Mr.P.Muthuvijayapandian, learned counsel appearing for the petitioner / fifth accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. The learned Government Advocate (Criminal Side) submitted that the co-accused has been enlarged on bail, by the learned Principal District and Sessions Judge, Dindigul, vide Order dated 24.03.2016, in Crl.M.P.No.547 of 2016.
4. Taking into consideration the above facts and the nature of allegations made against the petitioner / fifth accused, this Court is of the view that this is a fit case to grant anticipatory bail to him. Accordingly, he 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Kodaikanal, on condition that the petitioner / fifth accused 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 https://hcservices.ecourts.gov.in/hcservices/
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 / fifth accused shall report before the respondent Police daily at 10.30 a.m., until further orders.
(ii)the petitioner / fifth accused shall not tamper with evidence or witness either during investigation or trial.
(iii)the petitioner / fifth accused shall not abscond either during investigation or trial.
(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / fifth accused in accordance with law as if the conditions have been imposed and the petitioner / fifth accused 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].
5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.
sd/- 29/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KODAIKANAL 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL 3 THE FOREST RANGER(TRAINING), POOMPARAI FOREST RANGE, KODAIKANAL FOREST DIVISION,DINDIGUL DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S P.MUTHU VIJAYAPANDIAN Advocate SR.No.17464
ORDER
IN CRL OP(MD) No.5324 of 2016 Date :29/03/2016 AA/GSV-PM/SAR-I/04.04.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/