Syed Ambiya v. The Forest Range Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

¶1Syed Ambiya,

¶2Peer Mohamed, ... Petitioners No 1&2/Accused Nos. 2&3

Vs The Forest Range Officer, Kadayanallur Office, Tenkasi District. In Wlor No.15/2023.. ... Respondent/Complainant For Petitioners : J. Lawrance,

Advocate. For Respondent : Mr.Rms.Sethuraman,

Additional Public Prosecutor PRAYER :- To enlarge the Petitioners on bail in connection with the Criminal Case in WLOR No.15/2023 on the file of the Respondent Police and pass such other orders as this Honble Court. ORDER : The Court made the following order :- The petitioners / accused, who arrayed as accused were arrested and remanded to judicial custody on 12.10.2023 for the offences under Sections 39(1)(b), 39(1)(9d), 45(A), 49(B), 50 and 57 of the Wild Life Protection Act, 1972 in WLOR.No.15 of 2023 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that when the respondent police was in routine check up, the petitioners herein have illegally found in possession of two pieces of Ivory, a car and a cellphone and the same have been seized. Hence, the case.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 12.10.2023 and seeks bail.

¶4The learned Additional Public appearing for the respondent would submit that the petitioners herein have illegally found in possession of two pieces of Ivory, a car and a cellphone and the same have been seized. He would further submit that the petitioners herein have helped to A1 and attempted to sell the same to the 4th accused and hence, he strongly opposed to grant bail to the petitioners.

¶5Considering the facts and circumstances and also considering the serious nature of allegations made against these petitioners, this Court is not inclined to grant bail to the petitioners.

¶6Accordingly, this criminal Original Petition is dismissed.

sd/-

16/11/2023 / TRUE COPY /

/12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO

¶1The Forest Range Officer, Kadayanallur Office, Tenkasi District.

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

3.The officer incharge, district Prison, Tenkasi +1 CC to M/s.J.LAWRANCE, Advocate ( SR-16427[I] dated 17/11/2023 )

ORDER IN CRL OP(MD) No.20601 of 2023 Date : 16/11/2023 KB(01.12.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.