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2025 DIGILAW 1115 (MAD)

Arun Prasanna v. Superintendent of Police, Salem District, Office of the Superintendent of Police

2025-02-24

G.K.ILANTHIRAIYAN

body2025
ORDER : G.K.Ilanthiraiyan, J. This writ petition has been filed for direction directing the respondents 1 & 2 to take appropriate steps to secure the victimised bull which is the subject of the FIR in Crime No.20 of 2024 on the file of the second respondent police, subject the bull for medical examination and to take all necessary steps for its permanent rehabilitation at Worldwide Veterinary Services (WVS), Uthagamandalam or any other appropriate sanctuary. 2. The petitioner is an animal rights activist. On 22.12.2023, two videos were exhibited in the YouTube and other social medias with regard to a bull being forcibly fed some kind of raw meat and live rooster. Therefore, the bull had no other option other than slowly chewing and swallowing the live rooster. Thereafter, he lodged a complaint and the same has been registered in Crime No.20 of 2024 on the file of the second respondent for the offences punishable under Sections 3 , 11 (1)(a) , 11 (1)(l) of the Prevention of Cruelty to Animals Act, 1960 and Section 429 of the IPC , as against the accused persons. In pursuant to the registration of FIR, the petitioner submitted representation seeking immediate intervention to seizure and relocation of the victimised bull to safeguard it. However, so far, the victimised bull has not been seized from the accused and no further action has been taken in pursuant to the registration of FIR. 3. The learned Senior Counsel appearing for the petitioner submitted that after committing the offence under Section 3 , 11 (1)(a) , 11 (1)(l) of the Prevention of Cruelty to Animals Act, 1960 and Section 429 of the IPC , the animal should not be handed over to the accused while pending investigation. As per the Section 11 (2) of the Prevention of Cruelty to Animals Act, 1960 , the owner shall be deemed to have committed an offence, if he fails to exercise reasonable care and supervision for preventing cruelty to his cattle. 4. The second respondent filed status report and the learned Government Advocate (Crl. Side) appearing for the respondents police submitted that the second respondent inspected the victimised bull along with the qualified Veterinary Assistant Surgeon. He certified that the bull found to be in sound health. Further, the accused persons treated the bull by local country medical treatment for Komari disease, they fed live rooster to the bull. 5. Side) appearing for the respondents police submitted that the second respondent inspected the victimised bull along with the qualified Veterinary Assistant Surgeon. He certified that the bull found to be in sound health. Further, the accused persons treated the bull by local country medical treatment for Komari disease, they fed live rooster to the bull. 5. On perusal of the counter filed by the third respondent and on the submission made by the learned counsel appearing for the third respondent revealed that the third respondent is the owner of the bull involved in this case. It is used for breeding purpose for the past 12 years. He has separate farm and shed for the bulls. That apart, the bull is used for festivals in and around their village for worship. It is very much attached to his family and they are treating it as pet animal. Except the third respondent and his family members, no one can handle the cattle. It can be maintained by known trained persons and it will not allow any stranger to come near to it. This Kangeyam breed is one of the best breeds in the State of Tamil Nadu and it is used for breeding purpose. While being so, the bulls and cattle in their area were contracted with Komari disease (foot and mouth) and fearing for the life of their bull and with a view to take preventive measure, they gave customary treatment by feeding them with raw blood of the rooster along with other herbals. The rooster was never fed to the bull and after cutting the head of the rooster fed the blood directly to the bull. It was covered by the videograph and posted in the social media. Therefore, there is absolutely no intention to the accused persons to cruel the bull. In order to safeguard and treat the bull, the accused fed the bull with all herbal medicine including raw blood of the rooster. Thereafter, it is healthy and growing well. There is no harm caused to the bull. In fact, the Veterinary Assistant Surgeon also verified the bull and certified that it is in sound health. Therefore, it is nothing but traditional and customary method to treat the bull. Unfortunately, the FIR has been registered as if the accused tortured the bull by feeding rooster. 6. There is no harm caused to the bull. In fact, the Veterinary Assistant Surgeon also verified the bull and certified that it is in sound health. Therefore, it is nothing but traditional and customary method to treat the bull. Unfortunately, the FIR has been registered as if the accused tortured the bull by feeding rooster. 6. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7. The entire digestive system for the cattle is completely different from other animals. After swallowing the food, it comes once again to its mouth for digesting purpose. Therefore, no cattle can be fed with any meat as alleged in the FIR. This Court also had seen the videograph produced by the petitioner. The accused are feeding raw blood of the rooster to the bull. This Court also enquired with the Senior Veterinary Assistant Surgeon and he informed about the traditional and customary treatment by the elders to the cattle. In fact, for viral disease such as Komari, Kundhu etc., there is no Allopathic medicine for cattle. This kind of viral disease can be cured only by way of traditional and customary method by the elder who knows the consequence of the treatment. In fact nowadays the cattle foods are coming in the solid form and it contains all minerals including bone meal. Therefore, it would not amount to any cruelty to cattle. The disease called Komari affects the mouth, foot and mammary glands of the cattle. Therefore, in order to protect the cattle from such diseases, they are following traditional and customary treatment by feeding them with raw blood of the rooster including edible plant medicines mixed with turmeric and gingily oil. 8. That apart, no owner of the cattle will subject their animal for any cruelty. It is like a pet animal that too the bull which is subjected in the present case is also used for breeding purpose. During Pongal festival it is used for . Further this Court directed the third respondent and other accused persons who fed the bull to appear before this Court. They appeared before this Court and deposed that for the past several years, they are following the traditional and customary treatment by feeding the cattle by raw blood of the rooster along with other medicinal plants to prevent the viral diseases. They appeared before this Court and deposed that for the past several years, they are following the traditional and customary treatment by feeding the cattle by raw blood of the rooster along with other medicinal plants to prevent the viral diseases. They had no intention to cruel any cattle as alleged in the FIR. They never fed the rooster. They fed only the raw blood of the rooster. That apart, the bull is under care, possession and custody of the third respondent. It cannot be transmitted to anywhere since it is very difficult to maintain the bull involved in this case. It has been raised by the third respondent since from its birth. Therefore, it will not survive under any third person's custody. Therefore, no offence is made out as against the third respondent and other accused persons under Sections 3 , 11 (1)(a) , 11 (1)(l) of the Prevention of Cruelty to Animals Act, 1960 and 429 of the IPC . 9. In view of the above discussions, the direction sought for in this writ petition cannot be considered and the writ petition itself is devoid of merits and liable to be dismissed. The second respondent is directed to close the FIR in Crime No.20 of 2024, in the light of the above observations made by this Court and file closure report before concerned Court, within a period of two weeks from the date of receipt of a copy of this Order. 10. Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.