K.Naganathan v. Forest Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM K.Naganathan, ... Petitioner/Sole Accused Vs State through Forest Officer, W.L.C.C.(Wildlife Crime Central Bureau), Ramanathapuram. W.L.O.R.No.34/2023. ... Respondent/Complainant

For Petitioner : M/s. S.Atham Ali,

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 / sole accused on bail in the event of his arrest by the respondent official in W.L.O.R.No.34/2023 or on his appearance before the Court. ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections Schedule 1 Section 2(14), 2(16)(a), 2

(16)(b), 2(16)(c), Scheduled III Section 9, Schedule V Section 39(1)(a), 39(1)(b), 39(1)

(d), 39(3)(a), 39(3)(b), 39(3)(c), Schedule VI Sections 50, 57 on the file of the Wildlife Crime Central Bureau (WLCC) Ramanathapuram District, seeks anticipatory bail.

¶2The case of the prosecution that on receiving secret information, the respondent officials waylaid the petitioner's vehicle and at that time, the petitioner herein has found in possession of Sea Cord Nos.15 and Sea Horse No.79, which was prohibited by the Government. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been false case has been foisted against him.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner herein is a fisher man and he is having previous case in similar nature of offence and the investigation of the case is pending and hence, he strongly objected to grant anticipatory bail to the petitioner.

¶5Considering the serious nature of allegations made against the petitioner and that the petitioner herein is having previous case in similar nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is dismissed. sd/- 03/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. trp TO

¶1Forest Officer, W.L.C.C.(Wildlife Crime Central Bureau), Ramanathapuram.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.18803 of 2023 Date :03/11/2023 SSA/JGB/(21.11.2023)/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.