Madras High CourtCRL OP(MD)/15762/2020withdrawn dismissed

Saravanan v. Forest Ranger

2021-01-18Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/01/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.15762 of 2020

1. Saravanan

2. Muthusamy

3. Balakrishnan

4. Vijay ... Petitioners/Accused Nos.1 to 4 Vs Forest Ranger, Office of the Forest Range, Keeranur, Pudukottai District, WLOR No.4 of 2020. ... Respondent/Complainant For Petitioners : Mr.Ganapathi Subramanian.P, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in WLOR No.4 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9,39(1) of Wildlife Protection Act, 1972 r/w. Section 3(1) of Arms Act, 1959 seek anticipatory bail.

2. Earlier when this matter came up for hearing on 05.01.2021, the learned counsel for the petitioners gave an undertaking that the arms used for killing peacock will be surrendered. In view of the undertaking given by the petitioners this Court had directed the respondent police not to take coercive action against the petitioners. Today, the learned counsel for the petitioners seeks permission of this Court to withdraw the petition. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate(Crl.Side) would submit that despite the undertaking given by the petitioners, taking advantage and indulgence of this Court the petitioners have not surrendered the gun. Supressing the same now seeks permission to withdraw the petition, hence he strongly opposed to withdraw the petition.

4. The attitude of the petitioner in adopting dilatory tactics to escape from the clutches of the law is highly condemnable. It is made clear that the interim order already granted is no longer in force and the respondent police is directed to immediately take steps to secure the petitioners.

5. In view of the same, this Criminal Original Petition is dismissed as withdrawn.

sd/- 18/01/2021 / TRUE COPY / / /2021 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.

1. THE FOREST RANGER, OFFICE OF THE FOREST RANGE, KEERANUR, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15762 of 2020 Date :18/01/2021 AAV TE/SMA/SAR-III : 20/01/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/