Kawasker v. The Forest Ranger
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.08.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)Nos.11850 & 11855 of 2024 Kawasker ... Petitioner/Accused Rank No.5 Nanthankumar @ Mulukkan ... Petitioner/Accused Rank No.6 (In Crl.OP(MD)No.11855of 2024)
Versus
State rep. by The Forest Ranger, Rajapalayam Forest Range, Mehamalai Tiger Sanctuary, Virudhunagar District.
(W.L.O.R.No.04 of 2024) ... Respondent/Complainant (In both cases) (In both cases) For Petitioners : Mr.D.Rajaboopathy, Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.309 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the Forest Ranger, Rajapalayam Forest Range, Mehamalai Tiger Sanctuary, Virudhunagar District, in 1/3
connection with a case in W.L.O.R.No.04 of 2024, for the offence punishable under Sections 2(14, 16, 20, 25(b), 26, 35, 36, 37) 9, 27, 31, 39, 50, 51 and 57 of Wildlife Protection Act, 1972, have filed these petitions seeking anticipatory bail.
2. The case of the prosecution is that a camera was installed in Pulpathi Peet Reserve Forest Area to watch the movements of elephants. On 23.05.2024, when the Forest Officer checked the footage, they found that the petitioner along with other accused personally hunted a moose and took it away. Hence, the case.
3. The learned Government Advocate (Crl.Side) appearing for the respondent Police strongly opposes to the grant of anticipatory bail that this is the second anticipatory bail application and the petitioners are having previous cases.
4. Considering nature of offence and considering the antecedent of the petitioners and since there is no change in circumstances after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, these Criminal Original Petitions are dismissed. sd/- 02/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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JBR TO 1 THE FOREST RANGER RAJAPALAYAM FOREST RANGE, MEHAMALAI TIGER SANCTUARY, VIRUDHUNAGAR DISTRICT,
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.11850 & 11855 of 2024 Date :02/08/2024 PSP/ GS /SAR /03.09.2024/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3