Meera Sha v. The Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI

1. Meera Sha

2. Mansoorali ... Petitioners/Accused not ranked in the OR Vs State Through The Forest Ranger, Gulf of Mannar, Thoothukudi District.

Wild Life Case OR No.7/2021 ... Respondent/Complainant For Petitioners : Mr.Anantha Raj, Advocate for Mr.S.Ramasamy, Advocate.

For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on bail in the event of their arrest in the connection with a case in WLOR.No.7/2021 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel for the petitioners and the learned Government Advocate for the respondent.

2.The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 2(16), 9, 39(1)(a), (b), (d), 39(3)(a), (b), (c), 40(2), a, b, 50, 51(1), 58(1)(2)(a)(b) scheduled 1 part IV(c) of Wild life Protection Act, 1972, in Wild Life Case OR.No.7 of 2021 on the file of the respondent police, seek anticipatory bail.

3.The case of the prosecution is that on 19.12.2021, when the respondent police conducted a raid along with their party, the petitioner was found in possession of sea cucumbers, for which, the accused persons were arrested. Hence, the complaint. 1/3

4.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

5.The learned Government Advocate (Crl. Side) for the respondent police submitted that the property has already been recovered. The petitioner's name are not mentioned in the FIR. There is no previous case pending against the petitioners. 6.Considering the nature of offence and considering the fact that the property has already been recovered, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.1, Thoothukudi, and on their 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of 30 days. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

8. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

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3. THE FOREST RANGER, GULF OF MANNAR, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.RAMASAMY, Advocate ( SR-9849[I] dated 31/12/2021 )

ORDER

IN CRL OP(MD) No.21108 of 2021 Date :29/12/2021 RMI MS/CN/SAR-2/03.01.2022/3P.6C 3/3