JUDGMENT : 1. This Criminal Original Petition has been filed to set aside the order passed in Cr.R.P. No.48 of 2017 dated 30.08.2017 on the file of learned II Additional District and Sessions Judge, Erode by conforming order passed in Crl.M.P. No.3751 of 2017 dated 07.07.2017 by the learned Judicial Magistrate Court No.3, Erode. 2. Heard, the learned Counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the State. 3. The case against the petitioner is that he had transported 35 Buffaloes from Chithoor, Andra to Kerala by tying their legs. The investigation is pending in Cr.No.279 of 2017 under Section 429 of I.P.C r/w 11 (1) (a) (d) (e) of Prevention of Cruelty to Animals Act, 1960. 4. The learned counsel for the petitioner submitted that the petitioner's livelihood now been affected and also since there is a delay on the part of the respondent in completing the investigation, the Buffaloes may be directed to be handed over on such terms and conditions that this Court may deem fit. 5. It is now brought to my notice that the 35 Buffaloes which were seized from the vehicle are now handed over to the second respondent Goushala. There is no dispute with regard to the fact that the petitioner is the owner of the 35 Buffaloes. The grievance of the respondent police is that he had transported the animals by violating the provisions of Prevention of Cruelty to Animals Act, 1960 as well as the Transportation of Animal Rules. 6. I am of the view that if the petitioner is permitted to retain the custody of the 35 Buffaloes by imposing certain conditions safeguarding the animals, pending investigation, the ends of justice would be met. With regard to the transportation of the animals by rail or road Rules 46 to 56 of the Prevention of Cruelty to Animals Act, 1960 reads as follows: “46. Rules 47 to 56 shall apply to the transport by rail or road of cows, bulls, bullocks buffaloes, yaks and calves (Hereinafter in these rules referred to as “cattle”). With regard to the transportation of the animals by rail or road Rules 46 to 56 of the Prevention of Cruelty to Animals Act, 1960 reads as follows: “46. Rules 47 to 56 shall apply to the transport by rail or road of cows, bulls, bullocks buffaloes, yaks and calves (Hereinafter in these rules referred to as “cattle”). 47.(a)A valid certificate by a qualified veterinary surgeon to the effect that the cattle are in a fit condition to travel by rail or road and are not suffering from in infectious or contagious or parasitic diseases and that they have been vaccinated against rinderpest and any other infectious or contagious or parasititc deases shall accompany each consignment. (b) In the absence of such a certificate, the carrier shall refuse to accept the consignment for transport. (c) The certificate shall be in the form specified in Schedule E. 48. Veterinary first-aid equipment shall accompany all batches of cattle. 49.(a) Each consignment shall bear a label showing in bold red letters the name, address and telephone number (if any) of the consignor and consignee, the number and types of cattle being transported and quantity of rations and food provided. (b) The consignee shall be informed about the train or vehicle in which the consignment of cattle is being sent and its arrival time in advance. (c) The Consignment of cattle shall be booked by the next train or vehicle and shall not be detained after the consignment is accepted for booking. 50. The average space provided per cattle in Railway wagon or vehicle shall be as provided in tables I and II as given below:- TABLE I SPACE ALLOWANCE PER CATTLE Cattle weighing upto 200kg 1 Square Meter Cattle weighing 200-300kg 1.20 Square Meter Cattle weighing 300-400kg 1.40 Square Meter Cattle weighing above400kg 2.0 Square Meter TABLE II SPACE REQUIREMENT FOR CATTLE WHILE BEING TRANSPORTED IN COMMONLY SIZED ROAD VEHICLES Vehicle Size Lengh X Width Square Merer Floor Area of the Vehicle in Square Meter Number of cattle Cattle weighing upto 200 kg (1Square meter space Per Cattle) Cattle weighing 200-300kg (1.20 Square Meter space per Cattle) Cattle weighing 300-400 kg.(1.40 Square Meter space Per Cattle) Cattle weighing above 400 kg. (2.0 Square Meter Space Per Cattle) 6.9X2.4 16.56 16 14 12 8 5.6X2.3 12.88 12 10 8 6 4.16X1.9 7.904 8 6 6 4 2.9X1.89 5.481 5 4 4 2 51.(a) Suitable rope and platforms should be used for loading cattle from vehicles. (b) In case of railway wagon the dropped door of the wagon may be used as a ramp when loading or unloading is done to the platform. 52. Cattle shall be loaded after they are properly fed and given water. 53. (1) Watering arrangements on route shall be made and sufficient quantities of water shall be carried for emergency. (2) Sufficient feed and fodder with adequate reserve shall be carried to last during the journey. (3) Adequate ventilation shall be ensured. 55. When cattle is to be transported by rail- (a) An ordinary goods wagon shall carry not more than ten adult cattle or fifteen calves on broad gauge, not more than six adult cattle or ten calves on metre gauge, or not more than four adult cattle or six calves on narrow gauge; (b) Every wagon carrying cattle shall have at least one attendant; (c) Cattle shall be loaded parallel to the rails, facing each other; (d) Rations for padding, such as straw, shall be placed on the floor to avoid injury if a cattle lies down and this shall bot be less than 6 cms thick; (f) To provide adequate ventilation, upper door or one side of the wagon shall be kept open properly fixed and the upper door of the wagon shall have wire gauge closely welded mesh arrangements to prevent burning cinders from the engines entering the wagon and leading to fire outbreak; (g) Cattle wagons should be attached in the middle of the train; (h) Cooking shall not be allowed in the wagons nor hurricane lamps without chimneys; (i) Two breast bars shall be provided on each side of the wagon, one at high of 60 to 80 cm and the other at 100 to 110 cms; (j) Cattle-in-milk shall be milked at least twice a day and the calves shall be given sufficient quantity of milk to drink; (k) As far as possible, cattle may be moved during the nights only; (l) During day time, if possible, they should be unloaded, fed, given water and rested and if in milk, milking shall be carried out. 56. 56. When cattle are to be transported by goods vehicle the following precautions are to be taken, namely: (a) Specially fitted goods vehicles with a special type of tail board on padding around the sides should be used; (b) Ordinary goods vehicles shall be provided with anti-slipping material, such as coir matting or wooden board on the floor and the superstructure, if how, should be raised; (c) No goods vehicle shall carry more than six cattle; (d) Each goods vehicle shall be provided with one attendant; (e) While transporting the cattle, the goods vehicle shall not be loaded with any other merchandise; and (f) To prevent cattle being frightened or injured, they should preferably face the engine.” The above rules are self-explanatory. If at all the petitioner intends to transport his Buffaloes in future by road or any form of transport, he shall strictly adhere to the said regulations. 7. In the result, the petitioner is directed to have a custody of 35 Buffaloes on the following terms and conditions: (i) The petitioner shall file an affidavit undertaking to retain the Buffaloes in his custody without selling or transferring them to any other person, pending investigation in Cr.No.279 of 2017 on the file of the Inspector of Police, Chithode Police Station, Erode, with a further undertaking that he shall produce the Buffaloes before the respondent, as and when required, pending the investigation. (ii) The petitioner shall ensure that the Buffaloes are not sent to the slaughter house, pending investigation. (iii) The Petitioner shall, along with the affidavit, produce two sureties from Tamil Nadu before the first respondent herein for a sum of Rs.50,000/- (Rupees fifty thousand only) each. (iv) The Transport of the Buffaloes from the second respondent Goushala to the petitioner's place shall be strictly done by adhering Rules 46 to 56 of the Prevention of Cruelty to Animals Act, 1960 which is extracted above. (v) The Petitioner shall also obtain a necessary approval of compliance of rules at the time commencement of transport, from the first respondent police, to the effect that the rules for transport of animals have been complied. 8. With the above directions, this Criminal Original Petition stands disposed.