Muthulakshmi @ Lakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Muthulakshmi @ Lakshmi ... Petitioner/Accused No.4 Vs State rep. by The Inspector of Police, Forest Range Office, Trichy District.

Wlor.No.8 of 2023.

... Respondent/Complainant For Petitioner : M/s.Illanchezian V, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge and release the petitioner on bail in WLOR.No.8 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 06.04.2023 for the offences punishable under Sections 2 (2), 39(B), 44, 49(B), 50 and 51 of Wild Life Protection Act in WLOR No.8 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with the other accused were found in illegal possession of tiger skin 1, ivory 2, deer antler 2 and fox tail 2 for sale. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case, hence, he prayed for bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that the petitioner along with other accused were found in illegal possession of tiger skin 1, 1/3

ivory 2, deer antler 2 and fox tail 2 for sale. The petitioner is having no previous case. Investigation almost completed. 5.Considering the facts and circumstances of the case and also the facts that the investigation almost completed and that the petitioner is having no previous case and also considering the period of incarceration, this court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (of which, one shall be a blood related surety) each for a like sum to the satisfaction of the learned Judicial Magistrate, Srirangam, and on further conditions that:

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioner shall report before the respondent police every Sunday at 10.30 A.M., for a period of three months and thereafter, as and when required for interrogation; [d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/05/2023 / TRUE COPY / 17/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 2/3

TO

1. The Judicial Magistrate, Srirangam.

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3. The Superintendent, Special Prison for Women, (Central Prison), Tiruchirappalli.

4. The Inspector of Police, Forest Range Office, Trichy District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.ILLANCHEZIAN, Advocate ( SR-7420[I] dated 17/05/2023 )

ORDER

IN CRL OP(MD) No.8565 of 2023 Date : 17/05/2023 NA/MMS/SAR- /17.05.2023/3P/7C 3/3