Ramanathan v. The Forest Range Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023

CORAM

The Hon`ble Mr.Justice G.ILANGOVAN Ramanathan ... Petitioner / Petitioner Vs State represented by The Forest Range Officer, Palayamkottai Branch, Tirunelveli Forest Office.

(W.L.O.R.No.17/2023) ... Respondent / Complainant PRAYER :- This petition is filed under Section 439(i)(b) of Cr.P.C., to relax the condition No.3 of the order dated 02.09.2023 imposed upon the petitioner by the Principal Sessions Judge, Tirunelveli in Cr.M.P.No.12034 of 2023 in Cr.M.P.No.11579 of 2023 in W.L.O.R.No.17/2023 on the file of the respondent. For Petitioner : Mr. T.Lenin Kumar, Advocate For Respondent : Mr.S.Manikandan Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed by the petitioner seeking relaxation of the conditional order, dated 02.09.2023 passed in Cr.M.P.No.12034 of 2023 in Cr.M.P.No.11579 of 2023 in W.L.O.R.No.17/2023 by the learned Principal Sessions Judge, Tirunelveli.

2. The learned counsel for the petitioner submitted that the learned Principal Sessions Judge, Tirunelveli, has ordered the petitioner herein and other accused persons to deposit a sum of Rs.50,000/- each before the learned Judicial Magistrate No.V, Tirunelveli under the head of W.L.O.R.No.17 of 2023 of respondent Forest Office. The learned counsel further submitted that the petitioner is unable to pay the sum of Rs.50,000/- and the same may be relaxed.

3. The learned Government Advocate (Crl.side) would submit that initially, the learned Principal Sessions Judge, Tirunelveli, has ordered the petitioner herein and other accused persons to deposit a sum of Rs.1,00,000/- each and the same was later modified to Rs.50,000/- each, by filing proper petitions.

4. Considering the facts and circumstances of this case, the particular condition is modified as to, the petitioners have to jointly deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the Judicial Magistrate No.V, Tirunelveli under the head of W.L.O.R.No.17 of 2023 of respondent Forest Office. Let the amount be 2/4

deposited within a month after he released from the prison. Other conditions are remain unaltered.

5. Accordingly, this Criminal Original Petition stands allowed. sd/- 08/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Principal Sessions Judge, Tirunelveli.

2.The Judicial Magistrate No.V, Tirunelveli.

3.Do through the Chief Judicial Magistrate, Tirunelveli District.

4.The Forest Range Officer, Palayamkottai Branch, Tirunelveli Forest Officer.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-13453[I] dated 11/09/2023 ) 3/4

ORDER

IN CRL OP(MD) No.16304 of 2023 Date :08/09/2023 ED/JGB/SAR- (15/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4