Syed @ Syed Ali Khan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Syed @ Syed Ali Khan, ... Petitioner/Accused No.5 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Forest Department, Thirumayam, Pudukottai District.

(WLOR No.1/2024) ... Respondent/Complainant For Petitioner : M/s. Manimaran.K.R., 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 WLOR No.1 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(2), (11), (14), 39(b), 43(1)(2), 49(B), 50 and 51 of Indian Wildlife Protection Act, in WLOR No.1 of 2024, on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that when the respondent police was on check up, they found that A1 to A3 were keeping a horn of rhinoceros in their custody. 3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations in this case that the petitioner along with the other accused are said to have dealt with some artifacts which is made up of ivory and unicorns and considering the further submissions that they had procured the same from Heritage Chettinad Houses and inadvertently they were dealing with it, I am inclined to enlarge the petitioner on anticipatory bail, with certain conditions: 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Thirumayam, on condition that the petitioner shall execute a bond for a sum of Rs.

card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/10/2024 / TRUE COPY / / 10 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE THIRUMAYAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, FOREST DEPARTMENT, THIRUMAYAM, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.K.R.MANIMARAN, Advocate ( SR-12318[I] dated 07/10/2024 )

ORDER

IN CRL OP(MD) No.16187 of 2024 Date :03/10/2024 PSP/ JGB /SAR /19.10.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4