Traditional treatment methods for cattle do not constitute cruelty if conducted responsibly, as affirmed by the court's findings on the health of the bull.

ORDER :

G.K.Ilanthiraiyan, J.

This writ petition has been filed for direction directing the respondents 1 & 2 to take appropriate steps to secure the victimised bull which is the subject of the FIR in Crime No.20 of 2024 on the file of the second respondent police, subject the bull for medical examination and to take all necessary steps for its permanent rehabilitation at Worldwide Veterinary Services (WVS), Uthagamandalam or any other appropriate sanctuary.

2. The petitioner is an animal rights activist. On 22.12.2023, two videos were exhibited in the YouTube and other social medias with regard to a bull being forcibly fed some kind of raw meat and live rooster. Therefore, the bull had no other option other than slowly chewing and swallowing the live rooster. Thereafter, he lodged a complaint and the same has been registered in Crime No.20 of 2024 on the file of the second respondent for the offences punishable under Sections 3 , 11(1)(a) , 11(1)(l) of the Prevention of Cruelty to Animals Act, 1960 and Section 429 of the IPC , as against the accused persons. In pursuant to the registration of FIR, the petitioner submitted representation seeking immediate intervention to seizure and relocation of the victimised bull to safeguard it. However, so far, the victimised bull has not been seized from the accused and no further action has been taken in pursuant to the registration of FIR.

3. The learned Senior Counsel appearing for the petitioner submitted that after committing the offence under Section 3 , 11(1)(a) , 11(1)(l) of the Prevention of Cruelty to Animals Act, 1960 and Section 429 of the IPC , the animal should not be handed over to the accused while pending investigation. As per the Section 11(2) of the Prevention of Cruelty to Animals Act, 1960 , the owner shall be deemed to have committed an offence, if he fails to exercise reasonable care and supervision for preventing cruelty to his cattle.

4. The second respondent filed status report and the learned Government Advocate (Crl. Side) appearing for the respondents police submitted that the second respondent inspected the victimised bull along with the qualified Veterinary Assistant Surgeon. He certified that the bull found to be in sound health. Further, the accused persons treated the bull by local country medical treatment for Komari disease, they fed live rooster to the bull.

5. On perusal of the counter filed by the third respondent and on the submission made by the learned counsel appearing for the third respondent revealed that the third respondent is the owner of the bull involved in this case. It is used for breeding purpose for the past 12 years. He has separate farm and shed for the bulls. That apart, the bull is used for festivals in and around their village for worship. It is very much attached to his family and they are treating it as pet animal. Except the third respondent and his family members, no one can handle the cattle. It can be maintained by known trained persons and it will not allow any stranger to come near to it. This Kangeyam breed is one of the best breeds in the State of Tamil Nadu and it is used for breeding purpose.

While being so, the bulls and cattle in their area were contracted with Komari disease (foot and mouth) and fearing for the life of their bull and with a view to take preventive measure, they gave customary treatment by feeding them with raw blood of the rooster along with other herbals. The rooster was never fed to the bull and after cutting the head of the rooster fed the blood directly to the bull. It was covered by the videograph and posted in the social media. Therefore, there is absolutely no intention to the accused persons to cruel the bull. In order to safeguard and treat the bull, the accused fed the bull with all herbal medicine including raw blood of the rooster. Thereafter, it is healthy and growing well. There is no harm caused to the bull. In fact, the Veterinary Assistant Surgeon also verified the bull and certified that