Mohamed Sherif vs State

C.T. Selvam, J.—The petitioner challenges the order of the learned Judicial Magistrate, Perundurai, made in C.M.P. No. 4360 of 2014 dated 08.09.2014, rejecting the petition filed for return of cattle.

The respondent seized 19 buffaloes belonging to the petitioner and a case has been registered under Section 429 IPC read with Section 11(i)(D) and (H) of the Prevention of Cruelty to Animals Act, 1960. The petitioner has moved C.M.P. No. 4360 of 2014 before the learned Judicial Magistrate, Perundurai, seeking return of the buffaloes. Such petition came to be dismissed under orders of the lower Court dated 08.09.2014 and hence, this revision.

Learned counsel appearing for the petitioner submits that the petitioner was transporting 19 buffaloes belonging to him only for agricultural purposes and the petitioner has no intention to slaughter them.

Learned Government Advocate (Crl. Side) opposes this petition on the ground that the cattles have been transported from Salem to Coimbatore without any food, water and basic facilities, thereby causing external and internal injuries to the animals.

Learned counsel appearing for the petitioner submits that the petitioner undertakes not to sell the cattle without prior permission of the learned Judicial Magistrate and that he will provide proper food and shelter to the cattles and this undertaking may be recorded.

Heard learned counsel for the petitioner and learned Government Advocate (Crl. Side) for the respondent.

Considering the submissions made by the learned counsel appearing for the petitioner and the undertaking given by the petitioner, setting aside the order passed by the learned Judicial Magistrate, Perundurai dated 08.09.2014 in C.M.P. No. 4360 of 2014, the petitioner is granted the relief of interim custody of the cattles on fulfilling the following conditions:

i. the petitioner shall execute an own bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) to the satisfaction of Judicial Magistrate, Perundurai.

ii. the petitioner shall also file an affidavit before the Judicial Magistrate, Perundurai that he will not sell those cattles without the prior permission of the learned Magistrate and he will provide them proper food and shelter.

Accordingly, the Criminal Revision is ordered.