Selvakumar v. The Forest Ranger,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14314 of 2018 1.SELVAKUMAR 2.VETRIVEL 3.SIVAJI 4.MATHAN 5.SEKAR ... PETITIONERS /ACCUSED No.7,9,10,11,& 12 Vs THE FOREST RANGER, MEGAMALAI FOREST OFFICER, KADAMALAIKUNDU, AUNDIPATTI TALUK, THENI DISTRICT WLOR NO.1/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.MAHESWARAN Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A7, A9 to A12 apprehend arrest at the hands of the respondent police for the offences punishable under Section 21

(2) of Tamil Nadu Forest Act and 2(16)(a)(b)(c), (20), (36), (9), 39 and 51 of Wildlife Protection Act, in WLOR No.1 of 2018, seek anticipatory bail.

2.The case of the prosecution is that on 25.06.2018, the defacto complainant and other deputed officers are in usual surveillance, where, they found that the petitioners as well as the other accused hunted byson with the help of dogs and weapons. On seeing the defacto complainant, the petitioners flew away from the occurrence place. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are agriculturists and they are having the permanent residence of agricultural land near the forest and doing agriculture. He further submitted that already first and second accused were arrested and released on bail and the petitioners have been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor appearing for the respondent submitted that there is no previous case against the petitioners.

5.Considering the 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 Judicial Magistrate, Aundipatti 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 satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.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/- 16/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, AUNDIPATTI.

2.THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3.THE FOREST RANGER, MEGAMALAI FOREST OFFICER, KADAMALAIKUNDU, AUNDIPATTI TALUK, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14314 of 2018 Date :16/08/2018 TK/PN/SAR.1/21.08.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/