T. Antony Muthu v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH T.Antony Muthu ... Petitioner/Accused No.6 Vs The Forest Ranger Officer, Papanasam Forest Range, Papanasam, Tirunelveli District.
(W.L.O.R. No.10 of 2024) ... Respondent/Complainant For Petitioner :
Mr.R.Mohanasundaram, 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 W.L.O.R. No.10 of 2024 on the file of the respondent. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the alleged offences under Sections 2, 9, 39, 50, 51 and 52 of Wild Life Protection Act, 1972, in W.L.O.R. No.10 of 2024 on the file of the respondent, seeks anticipatory bail. 1/4
2. The case of the prosecution is that the accused persons were attempting to sell eryx conicus which is an endangered species. There are totally 6 accused persons in this case and the petitioner has been arrayed as A6. Except A1 and A6, all the other accused persons were arrested and the endangered species was also retrieved.
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 considering the fact that the endangered species has been retrieved and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Ambasamudram, 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 2/4
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 report before the respondent police on every Monday and Friday at 10.30 a.m. for a period of four weeks and thereafter, as and when required.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[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/- 22/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE FOREST RANGE OFFICER, PAPANASAM FOREST RANGE, PAPANASAM, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.23127 of 2024 Date :22/01/2025 RS/SKN/SAR-(03.02.2025) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4