Ganesan v. The Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ganesan ... petitioner/Accused Rank No.2 Vs.

The State Rep by The Forest Ranger, Srivilliputtur Forest Range Mehamalai Tiger Sanctuary Virudhunagar District.

(W.L.O.R.No.12/2024) ... Respondent/Complainant For petitioner : Mr.D.Rajaboopathy, Advocate. For Respondent : Mr.A.Albert James, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory bail in W.L.O.R.No.12 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner /Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(16)(a)(b)(c), 9, 35, 36, 39(a)(b)(d) 1/3

(3), 40, 50 and 51 of Wildlife Protection Act, 1972, in W.L.O.R.No.12 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that a male elephant was found dead in an electric fence in the petitioner's coconut grove. Hence, the de-facto complainant lodged a complaint before the respondent police.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent and he has not committed the offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.Heard the learned Government Advocate(Crl.sdie) appearing for the State. 5.Considering the nature of averments that around the farm of the petitioner, in spite of the rules being framed instead of erecting a solar fencing, the petitioner has caused to be erected live wire fencing, in which, an elephant is said to have electrocuted and died, this is not a fit case for grant of anticipatory bail. Hence, this Criminal Original Petition is dismissed.

sd/- 27/08/2024 / 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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NS TO 1 THE FOREST RANGER SRIVILLIPUTTUR 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.13988 of 2024 Date :27/08/2024 PSP/ VR /SAR /06.09.2024/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3