Court upholds orders to allow bail to tattoo artist

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, November 6

The Court of the Additional Session Judge Vijay Singh has upheld the order of a Judicial Magistrate (First Class) (JMIC) allowing bail to tattoo artist Kamaljit Singh and his manager Deepak for allegedly confining a monkey and exhibiting it by sharing its picture, along with him, on his Instagram account.

The Forest Department had filed the revision petition challenging the order of the Judicial Magistrate (First Class) for allowing bail to the tattoo artist and his manager and declining the request for 14-day police remand.

The UT Forest and Wildlife Department sought 14-day remand of Kamaljeet and Deepak after they were arrested on August 19 for violating the provisions of the Wildlife Protection Act, 1972.

Singh owns Kamzinkzone tattoo studio in Sector 35. The department had arrested the tattoo artist and his manager on a complaint that they kept a monkey and posted its photographs and videos on Instagram.

The Judicial Magistrate (First Class) granted bail to the duo on August 20 rejecting the appeal of the department, maintaining that the offence is non-cognisable and bailable.

The department sought the remand to rescue the wild animal and complete the investigation. The department challenged the order of the JMIC by filing a revision petition under Section 397 of the CrPC for allowing the bail.

Harlove Singh Rajput, counsel appearing on behalf of the accused, cited various provisions of law and judgments maintaining that the Magistrate had rightly declined the request of granting police remand and allowed bail. In view of this, revision petition was not maintainable.

After hearing the arguments of both sides, the Additional Sessions Judge ruled that the trial court rightly admitted the petitioners to bail treating the offence bailable and there was no dispute regarding declining the request of granting police remand of the accused. In a bailable offence, the accused has the right to seek bail.