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Madras High CourtCRL OP(MD)/9488/2020dismissed

Jahubar Sathik v. The Forest Ranger

2020-09-09Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.9488 of 2020 Jahubar Sathik ... Petitioner/Sole Accused Vs The State Rep. by The Forest Ranger, Aranthangi Forest Range, Aranthangi, Pudukottai District.

(W.L.O.R.No.9 of 2019) ... Respondent/Complainant For Petitioner : Mr.S.Muthalraj, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in W.L.O.R.No.9 of 2019 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who is the sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under section 39(i), (ii), (iii), (v) and 51 of Wildlife Protection Act, 1972, in W.L.O.R.No.9 of 2019 on the file of the respondent police, seeks anticipatory bail.

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

3.This is the second application. Earlier, the petitioner has filed a petition seeking anticipatory bail in Crl.O.P.(MD).No.18604 of 2019, and this Court, by order dated 13.12.2019 dismissed the same holding that the petitioner is having one previous case, and without disclosing the above said facts, the present petition has been filed.

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4.That apart, The petitioner was in possession of 175 Kgs of sea cucumber illegally and he is also having one previous case. Considering the facts and circumstances of the case and there is no change of circumstances to entertain this application and the fact that the petitioner is having one previous case and he is a habitual offender, I am not inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this criminal original petition is dismissed. sd/- 09/09/2020 / TRUE COPY / / /2020 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 FOREST RANGER, ARANTHANGI FOREST RANGE, ARANTHANGI, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.NA.PALANIYANDI, Advocate (SR-6338[I] dated 09/09/2020)

ORDER

IN CRL OP(MD) No.9488 of 2020 Date :09/09/2020 VSG TE/AKM/SAR-III : 11/09/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/