N.Ravi Mohamed 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

1. N.Ravi Mohamed

2. Bakrudeen Ali ... Petitioners/Accused No.1 & 3 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Forest Department Police Station, Thirumayam, Pudukottai District (In W.L.O.R.No. 1 of 2024).

... Respondent/Complainant For Petitioners :

M/s.S. Manojkumar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the Petitioner on bail in connection with the case in Crl,M.P.No.5056 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. 1/4

ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 05.09.2024 for the offences punishable under Sections 2(2)(11), (14), 39(b), 43(1)(2), 49B, 50 and 51 of Wildlife Protection Act, 1972 in WLOR.No.01 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners herein were found in illegal possession of Rhinoceros unicorns. Hence, the complaint.

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police.

4. Considering the nature of allegations that the petitioners herein got old antiques from heritage Chettinad houses which happened to be made of ivory and Unicorn and considering the fact that they are in custody from 05.09.2024, I am inclined to enlarge the petitioners on bail.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned District Munsif Court, Judicial Magistrate, Thirumayam, Pudukkottai District.

(i) the sureties shall affix their photographs and left thumb impression in 2/4

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)the petitioners shall appear before the respondent Police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/10/2024 / TRUE COPY / 03/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

To 1.The District Munsif, Judicial Magistrate, Thirumayam, Pudukkottai District.

2.Do through the Chief Judicial Magistrate, Pudukkottai District.

3.The Inspector of Police, Forest Department Police Station, Thirumayam, Pudukkottai District.

4.The Officer Incharge, Sub Jail, Thiruppathur.

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

ORDER

IN CRL OP(MD) No.16850 of 2024 Date :03/10/2024 ED/ /SAR- (03/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4