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Madras High CourtCRL OP(MD)/18973/2023dismissed

Naina Mohammed Alias Naina Moosa v. The Forest Range

2023-10-20Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Naina Mohammed @ Naina Moosa ... Petitioner/Accused 2 Vs The Forest Ranger, Keelakarai Forest Range, Ramanathapuram District.

(WLOR.No.13 of 2023) ... Respondent/Complainant For Petitioner : Mr.B.MAHENDRARAJAN, Advocate For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in WLOR.No.13 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2, 9, 3, 39(1), (a)(b), 39, 3(a)(b)(c), 49-A(a)(b), 50 and 51 of the Wild Life Protection Act, 1972 in WLOR.No.13 of 2023 on the file of the 1/3

respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused were in illegal possession of 90 kgs of boiled sea cucumber. Hence, the case. 3.The learned counsel appearing for the petitioners would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the boiled sea cucumber, weighing about 90 kgs, were recovered from the petitioner herein. Therefore, he strongly objected to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the seriousness of the offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 20/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS TO 1 THE FOREST RANGER, KEELAKARAI FOREST RANGE, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.18973 of 2023 Date :20/10/2023 SA/DD/SAR. /22.11.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3