G. ARUN PRASANNA Vs. ELANGO

JUDGEMENT

(1.) These Criminal Revision Cases in Crl.RC. Nos.295 and 296 of 2014 are filed by one G.Arun Prasanna, President, People for Cattle in India, aggrieved by the order dtd. 7/2/2014 in CMP.No.419 of 2014 and 420 of 2014, respectively, passed by the Learned District Munsif cum Judicial Magistrate, Uthukottai, thereby ordering the return of cattle seized in Cr. No.322 of 2013 to their respective owners namely one Ilango S/o. Murugesan and V.S.Subramani, S/o.Velusamy, respectively. Brief facts leading to the filing of the revision cases:

(2.) On 17/12/2013 one Christhu Doss, Tahisldhar, Uthukottai was conducting a search near "Anna Statue" of Uthukottai. During such search, he found that in three lorries bearing registration Nos. TN-57-R-2646, AP16-TX 2721, and TN-41-M-5738 cattle, namely, cows, calves, and buffaloes, totally 79 in number, were loaded beyond the permissible limit, without any proper documents and they were transported in a cruel manner without proper feeding. Therefore, he seized the cattle and the vehicles and lodged a complaint at 00.30 hours on 18/12/2013, before the Inspector of Police, Uthukottai Police Station, who registered a case in Crime No.322 of 2013, for the offence under Sec. 429 of IPC., r/w under Sec. 12 of Prevention of Cruelty of Animals, Act, 1960. By a seizure mahazar, the cattle were seized under Form - 91 (3Nos) dtd. 18/12/2013 bearing Serial Nos.0367759, 0367760, 0367761, were forwarded to the Learned Magistrate while entrusting the custody of the said animals with Ghosala run by the third respondent.

(3.) Thereafter, the owners of the cattle viz., Mr.Ilango, son of Murugesan, the first respondent in Crl.R.C.No.295 of 2014, and Mr.V.S.Subramani, son of Velusamy, the first respondent in Crl.RC.No.296 of 2014, moved separate applications before the Learned Magistrate, for return of the cattle to them pending investigation of the criminal case filed under Sec. 451 of the Code of Criminal Procedure. But, by two separate orders dtd. 7/2/2014 made in CMP.Nos.419 & 420 of 2014, the Learned Magistrate, ordered interim custody of the cattle to the owners, by relying upon the Judgement of the Hon'ble Supreme Court of India in Sundar Bai Vs. State of Gujarat, AIR 2003 (1) CTC 175. upon execution of a personal bond for a sum of Rs.5.00lakhs and upon further conditions that the cattle should be properly maintained, fed, proper shelter to be arranged and medical treatment to be given and upon filing an affidavit of undertaking stating that they will produce the cattle, whenever ordered by the Court and the cattle to be photographed and the CD / photographs to be produced before the Court.