BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16380 of 2011 D.S.P.S. KANAGAROY ... PETITIONER / 2nd ACCUSED Vs THE FOREST RANGE OFFICER AZHAGIAPANDIPURAM RANGE, THOVALAI TK, KANYAKUMARI DT O.R. NO. 50/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. C.T.PERUMAL Advocate For Respondent : M/S.K.S.DURAIPANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who is the 2nd accused in OR.No.50 of 2011 on the file of the respondent police for offence punishable under Section 26(e) of Tamil Nadu Forest Act, 1882, apprehending arrest, at the hands of the respondent police, is before this Court seeking anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.According to the submission of the learned counsel for the petitioner, the petitioner is a retired Chief Electrical Inspector of Tamil Nadu and he is a senior citizen and he is shown as 2nd accused in this case, wherein, Labour Contractor of the petitioner Justin Kumar was shown as first accused and the allegation was that the first accused had damaged the properties of the forest, which was declared as 'Forest Area', by virtue of an order passed by the Government, in the property, which was in possession and enjoyment of the petitioner in Azhagiapandipuram village. He would further submit that the District Forest Officer has written a letter stating that “the petitioner and his dependents will be permitted to continue to use their access routes. Hence, there is no reason to worry about the effect of sanctuary on the rights of the petitioner in the said property.” Therefore the petitioner is having right in the sanctuary area. He would further submit that the compounding of the offence by the first accused by way of fine of Rs.25,000/- would not in no way connect the petitioner, since he has no connection with the offence. He would further submit that the petitioner has got permanent residence and root in the society and he may be granted anticipatory bail. 4.The learned Additional Public Prosecutor would submit in his argument that investigation is offing and the order passed by the District Forest Officer and other rights of the petitioner and the offence said to have been committed by him could be considered and https://hcservices.ecourts.gov.in/hcservices/ decided only during the course of investigation. He would further submit that if for any reasons, this Court is inclined to grant anticipatory bail to the petitioner, stringent conditions may be imposed for his secured presence. 5.Considering the submissions made by both sides, I could see that the petitioner is a senior citizen and he is a retired Chief Electrical Inspector of Tamil Nadu. The allegation is that the petitioner being the owner of the property, was given a right of pathway in the said area, where sanctuary has been effected and the offence was said to have been committed by the first accused, who was a Labour Contractor, where the prima facie case of involvement of the petitioner in the said crime has to be decided during the course of investigation. Admittedly, the petitioner has got permanent residence and root in the society. Therefore, this Court is inclined to grant anticipatory bail to the petitioner, with the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Special Judge for Forest Offence Cases, Kanyakumari District at Nagercoil, on executing a bond for a sum of Rs.10,000/- (Rupees ten Thousand only) 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 Special Judge concerned and on further condition that the petitioner being a senior citizen shall report before the respondent police as and when required. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously and on further condition that the petitioner shall appear before the concerned Magistrate within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 20/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE SPECIAL JUDGE FOR FOREST OFFENCE CASES, KANYAKUMARI DISTRICT AT NAGERCOIL 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE FOREST RANGE OFFICER AZHAGIAPANDIPURAM RANGE, THOVALAI TK,KANYAKUMARI DT +1. CC to M/S. C.T.PERUMAL Advocate SR.No.44570 ORDER IN CRL OP(MD) No.16380 of 2011 Date :20/12/2011 SMA/23.12.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/