G Gajalakshmi v. The Forest Range Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. G.Gajalakshmi,

2. S.Dheenadhayalan, ... Petitioners/Accused 9 Vs The Forest Range Officer, Perumballam Forest Range, Oothu, Kodaikanal, Dindigul District.

Wlor No.1/2024.

... Respondent/Complainant For Petitioner : M/s.Magesh Kumaravel, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioners on bail in the event of their arrest in connection with the case in WLOR No.1/2024 on the file of the respondent and thus render justice.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 2(16) (c), 9, 39, 50, 51, 52, 59(2) and 44 of Wild Life Protection Act, 1972, in WLOR No.1/2024, seek anticipatory bail. The case of the prosecution is that the accused persons were hunted a Kadaman and cooked and eaten, in Thapovan Resort. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. However, he would further submit that the petitioners shall abide any condition imposed by this Court. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioners herein are arrayed as A8 and A9 and they are the owners of the Resort. Hence, he strongly opposed for grant of anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of District Forest Officer, (Account No.30243011514, IFSC No.SBIN0000799, MICR No.:624002004, State Bank of India, 2/5

Kodaikanal), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Kodaikanal, Dindigul District.

7.On production of such receipt, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kodaikanal, Dindigul District, on condition that the petitioners shall execute 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 conditions that:

(a)the petitioners and 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; (b)the petitioners shall report before the respondent daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5

Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE, KODAIKANAL, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE FOREST RANGE OFFICER, PERUMBALLAM FOREST RANGE, OOTHU, KODAIKANAL, DINDIGUL DISTRICT.

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

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COPY TO:

THE DISTRICT FOREST OFFICER, DINDIGUL DISTRICT.

+1 CC to M/s.M.GNANAGURUNATHAN, Advocate ( SR-7619[I] dated 08/07/2024 )

ORDER

IN CRL OP(MD) No.9897 of 2024 Date :08/07/2024 SA/VR/SAR. /19.07.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5