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Madras High CourtCRL OP(MD)/19236/2018ordered

Ayubkhan v. State Rep By Forest Ranger,

2018-10-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19236 of 2018 AYUBKHAN ... PETITIONER / SOLE ACCUSED Vs STATE REP BY FOREST RANGER, MANDAPAM RANGE, MANDAPAM FOREST, RAMANATHAPURAM DISTRICT.

(W.L.O.R.NO.11 of 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.D.BALAMURUGAPANDI 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 petitioner,who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 9, 39 (1)(a)(b)(d), 39(3)(a)(b)(c), 40(2), 50, 51(1) of the Wildlife (Protection) Act, 1972 in W.L.O.R.No.11 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that during the time of conducting regular boat check-up, the accused was sailing the boat which he owned, having Sea Cucumber, which was ceased by the respondent forest ranger. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is no way connected in this case, he has been falsely implicated. Hence, he prays for anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is pending. 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his https://hcservices.ecourts.gov.in/hcservices/

appearance before the learned Judicial Magistrate, Rameswaram, Ramanathapuram District and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner 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 petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner 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/- 29/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM,RAMANATHAPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE FOREST RANGER, MANDAPAM RANGE, MANDAPAM FOREST, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.20508 PS/PN/SAR-1/08/11/2018:2P/6C

ORDER

IN CRL OP(MD) No.19236 of 2018 Date :29/10/2018 https://hcservices.ecourts.gov.in/hcservices/