Crl.O.P.No.31387 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.31387 of 2022

1. Paramasivam,

S/o. Arasan

2. Moorthy,

S/o.Periyasamy

.. Petitioners

Vs.

State represented by

The Forest Officer,

Gangavalli Forest Department,

Salem Dt.

(WLOR No.2 of 2022)

.. Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of

Cr.P.C. praying to enlarge the petitioners on bail in WLOR No.2 of 2022 on

the file of respondent police.

For Petitioners

:

Mr.S.Sarath Chandran

For Respondent

:

Mr.S.Vinoth Kumar

Govt. Advocate (Crl. Side)

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Crl.O.P.No.31387 of 2022

O R D E R

The petitioners, who were arrested and remanded to judicial custody

on 29.11.2022 for the alleged offence under Sections I(2)(16), III(9),

VI(50)(51) of Wild Animals Protection Act in WLOR No.2 of 2022 on the

file of the respondent police, seek bail.

2. The case of the prosecution is that on 29.11.2022, while the

defacto complainant/forest officer on a routine vehicle checkup and visit, he

said to have found that the petitioners are in possession of two monitor

lizard, out of which, one was found dead. Hence, the complaint.

3. The learned counsel for the petitioners submitted that they are

agricultural coolies and they are innocent persons. He would submit that

they have not at all committed any offence as alleged by the respondent

police and they are no way connected with the offence. He would submit

that they have been falsely implicated in this case for statistical purpose. He

would further submit that the investigation is almost completed and that the

petitioners have been suffering incarceration for more than 21 days from

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Crl.O.P.No.31387 of 2022

29.11.2022. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for

respondent would submit that while the respondent was on routine checkup

they found the petitioners were in possession of two monitor lizard and out

of which one was dead. He would submit that there is no previous case

pending against the petitioner and the investigation is almost completed. He

would also submit that if they are released on bail, they will tamper the

witnesses and hamper the investigation. Hence, he vehemently opposed to

grant bail to the petitioners.

5. Considering the fact that the investigation is almost completed,

and considering the period of incarceration undergone by the petitioners,

and no previous case pending against the petitioners, this Court is inclined

to grant bail to the petitioners with certain conditions.

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Crl.O.P.No.31387 of 2022

6. Accordingly, the petitioners are ordered to be released on bail on

executing his separate bonds for a sum of Rs.10,000/- (Rupees Ten

Thousand only) with two sureties, for a like sum to the satisfaction of the

learned Judicial Magistrate Court-II, Attur, and on further conditions

that::

(a) the sureties shall affix their photographs and left

thumb impression in the surety bond and the Magistrate may

obtain a copy of their Aadhar card or Bank pass Book to

ensure their identity;

(b) the petitioners shall appear before the

respondent police on every Saturday at 10.30 a.m. for the

period of six weeks.

(c) the 2^nd petitioner shall not tamper with evidence or

witness either during investigation or trial;

(d) the 2^nd petitioner shall not abscond either during

investigation or trial;

(e) on breach of any of the aforesaid conditions, the

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Crl.O.P.No.31387 of 2022

learned Magistrate/ Trial Court is entitled to take appropriate

action against the 2^nd petitioner in accordance with law as if

the conditions have been imposed and the 2^nd petitioner

released on bail by the learned Magistrate