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Madras High CourtCRL OP(MD)/22068/2023dismissed

Vadivel v. The Inspector Of Police

2023-12-07Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Vadivel ... Petitioner / Accused No.4 Vs The Forest Range Officer, Rajapalayam Forest Range Office, Virudhunagar District.

(Wlor No.8 of 2023.) ... Respondent / Complainant For Petitioner :

Mr.T.Indrachithu, Advocate.

For Respondent :

Mr.Rms.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the Petitioner/Accused No.4 on bail in the event of his arrest or surrender in connection with WLOR No.8 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(11), 2(14), 2(16), 2(20),2(24A), 2(36), 1/3

2(37), 9, 11, 48, 48A, 49A, 49B,50, 51, 52 and 57 of Wild Life Protection Act, in WLOR No.8 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 08.11.2023 the respondent got secret information about cutting and piecing of wild meat of spotted deer, wild dog and wild deer. They went to the spot and found that the accused persons were in possession of meat of spotted deer, wild dog and wild deer. On seeing the police officials, the accused persons escaped from the scene of occurrence except A1. A1 was arrested and remanded to judicial custody. Hence the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that this is the second anticipatory bail petition.

Earlier petition filed by the petitioner in Crl.OP(MD)No.21073 of 2023 was dismissed by this Court on 23.11.2023. He filed this petition on the ground that only recovery of bike of the petitioner in the occurrence place is not a ground to arrayed him as an accused. The bike may be used by some other persons. Only on the basis of the confession given by A1, the petitioner was falsely implicated in this case. Hence he seeks anticipatory to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that this is a second anticipatory bail application. There is no change of 2/3

circumstances. Hence, he objected to grant anticipatory bail to the petitioner.

5. This Court does not find no change of circumstances in this petition. Accordingly, this Criminal Original Petition stands dismissed. sd/- 07/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Forest Range Officer, Rajapalayam Forest Range Officer, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.22068 of 2023 Date :07/12/2023 ED/ DD /SAR- (13/12/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3