BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9456 of 2011 R.RUSSELRAJ ... PETITIONER / ACCUSED NO.1 Vs THE FOREST RANGE OFFICER VELIMALAI FOREST RANGE PONMANAI, KANYAKUMARI DISTRICT O.R.NO.23/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.SARAVANAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 2,3,4 and 6 of Rosewood Protection Act, 1995 and Section 35 and 40(V) of Tamil Nadu Forest Act, 1982 in connection with O.R.No.23 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner arrayed as A1 in O.R.23 of 2011. He has having a patta land in Survey No.677/1A1. The case of the prosecution is that without obtaining permission from the Forest Department, the petitioner cut and kept the Rosewood in his patta land without licence and the value of the Rosewood at Rs.25,000/-. He further submits that the investigation agency is seized the Rosewood. He further submits that, because of heavy rain, the tree belongs to the petitioner's land and the same has fell down and cut the same and was stored in his place by the petitioner and he has not committed any offence. Hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) submitted that the trees in the patta property of the petitioner, without obtaining permission he cut down the Rosewood tree. He fairly conceded that the trees were seized for the value of Rs.25,000/- and the investigation is going on and hence he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, that the trees are situated only in the patta property of the petitioner. But, as per the version of the petitioner due to heavy rain it was fell down and hence he cut down the tree and stored in his place. As per the version of the learned Additional Public Prosecutor the seized property worth at Rs.25,000/-, I am inclined to grant anticipatory bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Special Court, Forest Cases, Nagercoil, Kanyakumari District and 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 learned Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 10/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE SPECIAL JUDGE, FOREST CASES, NAGERCOIL, KANYAKUMARI DISTRICT. 2. THE FOREST RANGE OFFICER VELIMALAI FOREST RANGE PONMANAI, KANYAKUMARI DISTRICT 3. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. M.SARAVANAN Advocate SR. No.27113 ORDER IN CRL OP(MD) No.9456 of 2011 Date :10/08/2011 RJ/11.8.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/