Mohamed Satham Usain v. Forest Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM M.Mohamed Satham Usain ... Petitioner/sole Accused

Vs Forest Officer, W.L.C.C (Wildlife Crime Central Bureau), Ramanathapuram. (W.L.O.R.No.38/2023.) ... Respondent/Complainant For Petitioner : M/s.Athamali S., 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.38/2023 or on his appearance before the Court. ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 2(14), 2(16) (a), (b), (c), 9, 39(1)(a), 39(1)(b), (d), 39(3)(a), (b), (c), 51 and 51(1) of Wild Life Protection Act, 1972 in W.L.O.R.No.38 of 2023, on the file of the Wildlife Crime Central Bureau (W.L.C.C), Ramanathapuram, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner has illegally boarded sea cucumber in a boat. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is the owner of the boat and in that boat, he has illegally boarded sea cucumber, hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.Heard both sides and perused the materials available on the record.

¶6Considering the facts and circumstances of the case and also considering the nature of the offence, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

sd/-

08/12/2023

/ TRUE COPY /

/01/2024

Sub-Assistant Registrar (C.S.I/II/III/IV)

Madurai Bench of Madras High Court,

Madurai - 625 023. SKN To

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

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.21397 of 2023 Date :08/12/2023 ED/ JGB /SAR- (03/01/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023