Mariammal v. The Forest Ranger

CRL OP(MD). No.13258 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.13258 of 2020 1.Mariammal 2.Prabu ... Petitioners/Accused No.1 and 2 Vs The State rep.by The Forest Ranger, Mundanthurai Forest Range.

O.R.No.6 of 2020. ... Respondent/Complainant For Petitioners : M/s.T.A.Ebenezer, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in O.R. No.6 of 2020 on the file of the Respondent.

ORDER : The Court made the following order :- The petitioners/A-1 & A-2 apprehending arrest at the hands of the respondent for the offences punishable under sections 2(II), 3 (A) of Forest Conservation Act, 1980 and Sections 27(1)(c)2(e)3, 51 (1c) of the Wildlife Protection Act, 1972 and Section 21(f) of Tamil Nadu Forest Act, 1882 in O.R. No.6 of 2020 on the file of the respondent, seek anticipatory bail.

2. It is seen from the records that the petitioners were already granted anticipatory bail by order, dated 15.10.2020 in Crl.MP No. 3179 of 2020 on the file of the learned District and Sessions Judge, Tirunelveli.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

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CRL OP(MD). No.13258 of 2020 4.The learned counsel appearing for the petitioners submitted that the Court below while granting anticipatory bail to the petitioners imposed very stringent conditions and therefore, the petitioners did not produce any certificates and execute the order passed by the Court below. Hence, he seek anticipatory bail.

5. Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

6.Considering the facts and circumstances of the case and considering the fact that the petitioners were already granted anticipatory bail by the Court below and they failed to execute any sureties as directed by the Court below and therefore, this Court is not inclined to entertain this petition for anticipatory bail. 7.Accordingly, the Criminal Original Petition stands dismissed. However, the petitioner is at liberty to file a petition for extension of time before the Court below.

sd/- 23/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE FOREST RANGER, MUNDANTHURAI FOREST RANGE.

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

ORDER

IN CRL OP(MD) No.13258 of 2020 Date :23/11/2020 KSA TK/PN/SAR.2/03.12.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2