The court has the discretion to grant anticipatory bail to an accused person if it is satisfied that the accused is not likely to abscond or misuse the liberty granted to him.

Crl.O.P.No.24726 of 2022

Crl.O.P.No.24726 of 2022

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offence under

Sections 9, 2(16), 39, 50,51 of Wildlife Protection Act 1972 in Wildlife

Offence Report No.2 of 2022, on the file of the respondent police, seek

anticipatory bail.

2.2.The case of the prosecution is that the video was forwarded in the

Social Media, wherein a Snake was found to have tortured. Since the wild

animal comes under schedule (II), Part II of Wildlife Protection Act, 1972, a

case came to be registered.

3.The learned counsel appearing for the petitioner would submit that

the petitioner has not committed any offence as alleged by the prosecution

and the whole prosecution story is totally false, he is an innocent person and

the case has been foisted on him.

4.The learned Government Advocate (Crl. Side) would submit that the

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said complaint given by the Forest Range Officer, Kangayam received an

information from the Deputy Director of Annamalai Tiger Reserve, Pollachi

Division, the case came to be registered. The learned Government Advocate

(Crl. Side) would submit that on enquiry it was found that the petitioner has

tortured the snake namely king Cobra and uploaded the Social Media.

Hence, he vehemently opposed to grant of anticipatory bail to the petitioner.

5. Considering the fact, this Court is inclined to grant anticipatory bail

to the petitioners.

6.Accordingly, the petitioner is ordered to be released on bail in the

event of arrest or on their appearance, within a period of fifteen days from

the date of receipt of a copy of this order, before the learned Judicial

Magistrate, Dharapuram, on condition that the petitioners shall execute a

bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that:

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Crl.O.P.No.24726 of 2022

(a)the petitioner and the sureties shall affix their photographs and left

thumb impression in the surety bond and the Court concerned 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 every

Wednesday at 10.30 a.m. for a period of four weeks and thereafter, as

and when required for interrogation;

(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

petitioners in accordance with law as if the conditions have been imposed

and the petitioners 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered

under Section 229-A IPC.

02.01.2023

vsn

T.V.THAMILSELVI, J.

vsn

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Crl.O.P.No.24726 of 2022

02.01.2023

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