Gurusamy Naicker v. The Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18190 of 2018 GURUSAMY NAICKER ... PETITIONER / 2nd ACCUSED Vs THE FOREST RANGER SRIVILLIPUTHUR FOREST RANGE VIRUDHUNAGAR DISTRICT.

(W.L.O.R.NO.8 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.RAMESH KUMAR 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 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(16) (a) (b), 2

(36) and 9, 50, 51, 52 of Wild Life Protection Act, in W.L.O.R.No.8 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the the first accused is having a farm land in Survey No.736, at Pillaiyarnatham Village. It was alleged that the first accused had set up electric fence surrounding his land and it was further alleged that a bison from the nearby forest got contacted with the electric fencing, got electrocuted and passed away. Hence the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is a labour under the first accused. He has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.Heard the learned Additional Public Prosecutor for the respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

bail in the event of arrest or on his appearance before the the learned Judicial Magistrate, Srivilliputtur, Virudhunagar 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 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/- 11/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVILLIPUTTUR,VIRUDHUNAGAR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTTUR.

3 THE FOREST RANGER SRIVILLIPUTHUR FOREST RANGE VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.D.RAMESH KUMAR Advocate SR.No.19410 PS/RR/SAR-4:23/10/2018:2P/6C

ORDER

IN CRL OP(MD) No.18190 of 2018 Date :11/10/2018 https://hcservices.ecourts.gov.in/hcservices/