Kasinathan v. The Forest Range Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9903 of 2016 KASINATHAN ... PETITIONER/2nd ACCUSED Vs THE STATE BY THE FOREST RANGE OFFICER RAMNAD, RAMNAD DISTRICT, (WLOR NO. 14 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S D.VENKATESH Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 9,39(1),(a),(b), (3), 50, 51 and Schedule I, Part IV -C of the Wild Life Protection Act, 1972 and Amended Forest Act, 2002 in WLOR No.14 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is found in possession of Sea Cucumber, which is a banned article under the Wild Life Protection Act. On complaint, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is only a fisher man by profession and he has been arrayed as A2 only as per the confession of A1 and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the investigation of the case is pending.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruvadanai and on his 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 petitioner shall appear before the respondent police daily at 10.00 am until https://hcservices.ecourts.gov.in/hcservices/

further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE FOREST RANGE OFFICER, RAMNAD, RAMNAD DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S D.VENKATESH Advocate SR.No. 32626 trp JA-GSV-PM-SAR.II/24.6.2016/2P:6C

ORDER

IN CRL OP(MD) No.9903 of 2016 Date :22/06/2016 https://hcservices.ecourts.gov.in/hcservices/