Sivanesan And Others vs State

G.Chandrasekharan, J

The petitioners, who were arrested and remanded to judicial custody on 20.06.2023 for the offences punishable under Sections 39(1), (a), (b), (c), (d), 39(3)(a)(b), 44, 48A, 48b(ii), 49A, 49B and 50 r/w 51 of Tamil Nadu Wildlife Protection Act, 1972 in W.L.O.R.No.23 of 2023 on the file of the respondent police, seek bail.

2.The learned counsel for the petitioners submitted that, petitioners are falsely implicated as accused in W.L.O.R.No.23 of 2023 for the offences under Sections 39(1), (a), (b), (c), (d), 39(3)(a)(b), 44, 48A, 48b(ii), 49A, 49B and 50 r/w 51 of Tamil Nadu Wildlife Protection Act, 1972. Petitioners are innocents. They are in judicial custody from 20.06.2023. Therefore, he prays for grant of bail to the petitioners.

In response, learned Additional Public Prosecutor submitted that, on information, the respondent police posed themselves as persons interested in buying Gajamuthu, approached the accused and found that, accused were in possession of 3 numbers of Gajamuthu at 8.00 p.m., on 19.06.2023 at No.17, Ragavendra Construction, Subrayan Nagar, Kodambakkam. The accused were arrested and 3 numbers of Gajamuthu were seized. The investigation in this case is not completed. Thus, he prays for dismissal of this petition.

4.Considered the rival submissions and perused the records.

When this Court enquired about the source of acquiring Gajamuthu, it is informed that, an old man had given these Gajamuthu to the 1st accused namely Arun 8 months back. Gajamuthu, it is claimed that, is a part of the elephant's tusk, which gets formed due to solidification of muscle mass, blood, nerve etc. Over a period of time, it solidifies in a round/oval shaped hard object. Innocent people on the hope that, those who posses Gajamuthu will be showered with wealth and good health clamoured to buy them. Taking advantage of this belief, the poachers and others involved in this trade, like selling of tusk.

6.Considering the nature of the allegations made against the petitioners and that petitioners are in judicial custody from 20.06.2023, that 3 numbers of Gajamuthu had been seized and that material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioners with conditions and the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the II Metropolitan Magistrate Court, Egmore, Chennai 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 report before the respondent Police daily morning at 10.30.a.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.