Raja Mohammed v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Raja Mohammed, ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Forest Department Police Station, Thirumayam, Pudukottai District.
(W.L.O.R.No.1 of 2024).
... Respondent/ Respondent For Petitioner : M/s.Manoj Kumar.S, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS 1/5
PRAYER :- To enlarge the petitioner on bail in connection with the case in Crl.M.P.No.5029 of 2024 on the file of the Principal District and Sessions Judge, Pudukottai W.L.O.R.No.1 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 05.09.2024 for the offence punishable under Section 2(2)(11)(14),39(b),43(1)(2),49(B),50 and 51 of Wildlife Protection Act, 1972 , in W.L.O.R. No.1 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the the petitioner along with other accused involved in illegal activity by having trophy of wild animals and trying to sell it to other persons. Hence, the complaint.
3. Heard both sides
4. Considering the nature of the allegations in this case that the petitioner advertised for selling artefacts made up of ivory and considering the fact those are artifacts which are said to have been purchased from the old traditional houses in Chettinadu area and considering the submission made by the learned counsel for the petitioner that herein after they will not trade any such ivory and other products and that the petitioner will file an undertaking affidavit before the trial Court,this Court is 2/5
inclined to grant bail to the petitioner on certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)As per the undertaking given by the petitioner, the petitioner shall file an affidavit before the trial Court that he will not involve in any sale or advertisement of any of the arti facts products made of Animal Kingdom (iii)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; (iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial.
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vii)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 27/09/2024 / TRUE COPY / 27 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKKOTTAI DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE OFFICER INCHARGE SUB JAIL, THIRUPPATHUR 4 THE INSPECTOR OF POLICE, FOREST DEPARTMENT POLICE STATION, THIRUMAYAM, PUDUKOTTAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.16336 of 2024 Date :27/09/2024 PSP/ /SAR /27.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5