Stephen @ Stephenraj v. The Forest Range Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Stephen @ Stephenraj ... Petitioner/Accused 1 Vs The Forest Range Officer, Kalakkadu, Tirunelveli District.

WLOR No.6 of 2023.

... Respondent/Complainant For Petitioner : Mr.T.A.EBENEZER, Advocate For Respondent : Mr.S.RAVI, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in WLOR No.6 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections Schedule Part (1)(A) No.65, Sections 2, 9, 39, 50, 51 of Wild Life Protection Amendment Act, 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.08.2023, the forest Party 1/3

waylaid A2 and A3, who are the field workers of A1's garden and enquired them. At that time, they confessed that A1, A2 would hunt the Sambar Deer and transport its flesh through the Car. Based on the confession, the respondent Police also enquired and found some part of the carcasses in the well. Hence, the complaint. 3.The learned counsel for the petitioner submitted that he is innocent and not committed any offence, as alleged by the prosecution. He has been falsed roped into the case, based on the confession of co-accused. Hence, prays to release him on anticipatory bail.

4.The learned Additional Public Prosecutor submitted that in this case totally there are three accused. The petitioner is arrayed as A1. A2 and A3 are his field workers. The petitioner is having one previous case, that too, similar in nature. The co-accused/A2, A3 are still in custody. The custodial interrogation of the petitioner is required. Hence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6.Considering the rival submissions made on either side and considering the nature of offence and the facts that the co-accused are still in custody and the custodial interrogation of the petitioner is required to investigate further in this case and also considering the previous case is pending against the petitioner, this Court is 2/3

not inclined to grant anticipatory bail to him. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 29/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE FOREST RANGE OFFICER, KALAKKADU, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15636 of 2023 Date :29/08/2023 SA/VRS/SAR. /12.09.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3