Akbar Ali v. The Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22212 of 2018 AKBAR ALI ... PETITIONER / ACCUSED No.4 Vs THE STATE REP.BY THE FOREST RANGER KEELAKARAI FOREST RANGE, (W.L.O.R.NO.121 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.ALAGUMANI Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(2) 9, 39(i),a,b, 39 (3), 49(A), (a), (b) and 50, 51 of Wild Life Protection Act, 1972 and 2002 in W.L.O.R.No.12 of 2018 and has filed the present petition for anticipatory bail.

2.The case of the prosecution is that on 12.10.2018 at about 9.15 a.m., the respondent has received an information that three persons was in possession of 100 Kgs of Sea Cucumbers in their boat and has seized the same. Thereafter, the Police registered a case against the accused persons, including the owner of the boat. 3.Totally, there are four accused persons in this case. The petitioner is the fourth accused in this case. Accused Nos.1 to 3 were arrested on 12.10.2018 and they were released on bail on 17.10.2018 by the Magistrate Court.

4.The learned counsel appearing for the petitioner would submit that the entire sea cucumbers were seized from accused No.1 to 3 and this petitioner was not present at the scene of occurrence. Since the petitioner had stood as a surety for the accused in another case, in order to wreck vengeance, he has been falsely implicated in this case.

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5.The learned Government Advocate (Crl. Side) would submit that the petitioner is involved in two other cases, which are also similar in nature. He would further submit that the petitioner was also an accused in W.L.O.R.No.1 of 2015 for possession of 150 Kgs of Sea Cucumber and W.L.O.R.No.3 of 2018 for possession of 100 Kgs of Sea Cucumber. He would further submit that the petitioner is the main accused in C.C.No.53 of 2018 for seizure of 100 Kilograms of Sea Cucumber which is an endangered species. The owner of the boat has also admitted that his boat No.IND-TN-09-M0-2370 is involved in such offences.

6.Considering the same, this Court is not inclined to grant anticipatory bail to the petitioner herein. Hence, this Criminal Original Petition stands dismissed.

sd/- 18/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE FOREST RANGER KEELAKARAI FOREST RANGE, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.22212 of 2018 Date :18/01/2019 AE/PN/SAR2/23.01.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/