Allowed

Tofan Kumar Mohanty@Tofan Baba v. State of Orissa

Orissa HC8 Jan 2016ABLAPL/18377/2015

Case brief

AI extract

What is this about?

This single-judge order grants anticipatory bail to a hermit-like petitioner apprehending arrest for alleged offences under the Wild Life Protection Act and other statutes. The court noted the petitioner had not killed any animal and merely sheltered them. The petition is disposed by granting liberty to surrender.

What did the court decide?

Anticipatory bail granted; liberty to surrender within 21 days for bail application; direction to arresting officer to produce petitioner within 24 hours for bail.

Tofan Kumar Mohanty@Tofan Baba Vs State of Orissa — Bail and Remand | Orissa HC (2016)

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ABLAPL No. 18377 of 2015

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08.01.2016

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 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
 The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 38(1), 32(2), 39(3) and 42 of the Wild Life Protection Act, Sections 11(e) and 11(f) of
the Protection of Cruelty to Animals Act and Section 52 of the Cr.P.C. read with Section 201 o
f the I.P.C. in 2(b) C.C. Case No. 09 of 2015 of the court of S.D.J.M., Jeypore.

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 It is apparent from the records that the petitioner has not killed any wild animal. He
 is leading life of a hermit inside the jungle and has given shelter to some wild animals. As
stated by the learned counsel for the petitioner, there is some kind of affection of the petit
ioner to the animals. The animals were first released by the petitioner, but out of their habi
t, they came to the premises of the petitioner. Thereafter, the Forest Department Officers hav
e seized all the animals and sent them to the Nandan Kanan Zoological Park.
 Keeping in view the aforesaid consideration and the facts of the case, this Court is of
 the opinion that anticipatory bail should be granted to the petitioner. It is directed that t
he petitioners are given liberty to surrender before the learned S.D.J.M., Jeypore within 21 d
ays in connection with the aforesaid case and apply for bail. In such event, the petitioner sh
all be released on bail on such terms and conditions as deemed just and proper by him.

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 It is further directed that on the event the petitioner is arrested in the aforesaid c
ase in the meantime, the Arresting Officer shall produce him before the learned S.D.J.M., Jeyp
ore within 24 hours and the learned Magistrate shall grant him bail as directed above.
 Accordingly, the Anticipatory Bail Application is disposed of.

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Urgent certified copy of this order be granted as per rules.

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S.K.Mishra, J.

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Tofan Kumar Mohanty@Tofan Baba v. State of Orissa

Case brief

What is this about?

What did the court decide?

Tofan Kumar Mohanty@Tofan Baba v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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