D.S.P.S. Kanaga Rai v. The Forest Range Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12348 of 2018 1 D.S.P.S. KANAGA RAI 2 NEEL RAI ... PETITIONERS / ACCUSED Nos.2 & 3 Vs THE STATE REPRESENTED BY ITS THE FOREST RANGE OFFICER ALAGIAPANDIAPURAM RANGE, ALAGIAPANDIAPURAM, KANYAKUMARI DISTRICT IN FOREST CRIME NO. 11 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.T.A.EBENEZER Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Section 21(d) (g) of Tamil Nadu Forest Act, 1882 and Sections 27(2,3) r/w 29 and 51(1) of Tamil Nadu Wild Act, 1972 and Section 2(ii) of Tamil Nadu Forest Protection Act, 1980, in Crime No.11 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

4.The learned counsel for the petitioners submits that the petitioners only had put up road and got permission from the concerned authority.

5.Taking note of the above said facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Forest Offenses Special Judge, Nagercoil, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

5.The petitioners 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 shall stand dismissed.

sd/- 23/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE, NAGERCOIL, KANYAKUMARI DISTRICT 2 THE FOREST RANGE OFFICER ALAGIAPANDIAPURAM RANGE, ALAGIAPANDIAPURAM, KANYAKUMARI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.A.EBENEZER Advocate SR.No.13717 LS JAM/30/07/2018/VR /SAR 4 /2P-5C

ORDER

IN CRL OP(MD) No.12348 of 2018 Date :23/07/2018 https://hcservices.ecourts.gov.in/hcservices/