Kannappan v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Kannappan ... Petitioner / Accused No.8 Vs The State of Tamil Nadu Represented by the Forest Range Officer, Ottanchatiram Forest Range, Dindigul Division, Dindigul District.

(WLOR. No.9 of 2024) ... Respondent/Complainant For Petitioner : M/s.A.Arul Jenifer, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in WLOR. No.9 of 2024 on the file of the respondent. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 51(1) r/w. Section 9 of Wild Life Protection Act, 1972 and Section 21(2) r/w. 21(d)(h) of the Tamil Nadu Forest Act, 1882, in WLOR No.9 of 2024 on the file of the respondent, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons are said to have shot down an Asian dog and cooked it and eaten as food. There are totally 8 accused persons in this case and the petitioner has been arrayed as A8. He is the father of A1.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and also considering the fact that A1 to A7 were arrested in this case and later enlarged on bail and the petitioner has been roped in this case based on the confession of the Coaccused and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5

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, Ottanchatiram, Dindigul District, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall appear before the respondent daily at 10.30 a.m. until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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 269 of BNS,2023.

sd/- 19/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE OTTANCHATIRAM, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

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3 THE FOREST RANGE OFFICER, OTTANCHATIRAM FOREST RANGE, DINDIGUL DIVISION, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M/S.KBS LAW OFFICE, Advocate ( SR-14363[I] dated 21/11/2024 )

ORDER

IN CRL OP(MD) No.19472 of 2024 Date :19/11/2024 SS/VR/SAR- /02/12/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5