Murugan v. The Forest Range Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16226 of 2018 1 MURUGAN 2 MUNIYANDI ... PETITIONERS/ACCUSED No.4 & 5 Vs THE FOREST RANGE OFFICER, MEGAMALAI FOREST RANGE, IN WLOR NO.1/2018, THENI DISTRICT ... RESPONDENT/COMPLAINANT For Petitioners : MR.D.MALAICHAMY, 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, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 21(d) of Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) and r/s 2 (16)(a)(b)(c)(20), (36), 9, 39 and Section 51 of Wild Life (Protection)Act, 1972 in W.L.O.R.No.1 of 2018 , seek anticipatory bail.

2.The case of the prosecution is that on 25.06.2018, the petitioners and other accused hunted an Indian Gaur with the aid of hunting dogs and spears and taking away the meat. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submitted that there is no previous case pending against the petitioners and the investigation is pending.

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5.Taking note of 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, Andipatti, Theni District 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/- 18/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE FOREST RANGE OFFICER, MEGAMALAI FOREST RANGE, THENI DISTRICT.

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

+1. CC to MR.D.MALAICHAMY, Advocate SR.No.17738

ORDER

IN CRL OP(MD) No.16226 of 2018 Date :18/09/2018 PK/PN/SAR-1/25.09.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/