The Madras High Court dismissed a petition for anticipatory bail under Section 438 CrPC. The petitioners faced charges related to liquor possession, abuse of forest officials, and arms possession, with three prior pending cases against them. The court held it was not a fit case for bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the First day of March Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice V. BHARATHIDASAN
CRIMINAL ORIGINAL PETITION No.18297 of 2020
1 K.SETHU [ PETITIONERS / ACCUSED ]
2 KUMAR @ KODUVA KUMAR @ SENTHIL KUMAR
Vs STATE REP BY, [ RESPONDENT ] THE FOREST RANGE OFFICER, KALLAKURICHI FOREST RANGER CIRCLE, KALLAKURICHI DISTRICT.
(CRIME NO.WL.OR.NO.11/2020)
For Petitioner : M/S.G.MOHAMMED ASEEF Advocate
For Respondent : MR.S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 21(b)(c)(d)(e)(f)(h) of Tamil Nadu Forest Act, 1882 r/w Section 9 , 50 (1) (c), 51 of Wild Life Protection Act, 1972 and 27 of Arms Act 1959 in Crime.W.L.O.R.No.11 of 2020, on the file of the respondent police, seeks anticipatory bail.
-sd/01/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO
1 THE FOREST RANGE OFFICER, KALLAKURICHI FOREST RANGER CIRCLE, KALLAKURICHI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.G.MOHAMMED ASEEF Advocate on payment of necessary charges
CRL OP.18297/2020 Date :01/03/2021 TA-16/04/2021
2 issues framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted to petitioners accused of forest and arms offences with pending cases.
Whether the presence of previous pending cases and the nature of the offences makes it a fit case for bail.
Colour shows how this judgement treated each authority
None citedReferred
3 provisions across 3 enactments
K.SETHU
KUMAR @ KODUVA KUMAR @ SENTHIL KUMAR
STATE REP BY THE FOREST RANGE OFFICER
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
