Sankar v. State Rep Through Forest Range Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Sankar S/o. Rajendiren, Coodur Main Road, Mangudi, Thiruvarur District.

2. Selvam S/o. Vasakan, Naranamangalam Village, Mangudi, Thiruvarur District.

3. Ranjith S/o. Durairaj, Sivan Koil Street, Mangudi Village, Thiruvarur District.

..Petitioner(s) Vs State rep through Forest Range Officer Forest Range Office, Thiruvarur Police Station, Thiruvarur District.

Stor No. 1 of 2025

..Respondent(s) Prayer Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.695 of 2025 on the file of the respondent police. For Petitioner(s):

P. Muthamizh Selvakumar K. Ramesh A. Esakkipandy M. Jithendran R. Ramesh Kumar A. Vivek P. Priya Respondent(s):

Mr.A. Gopinath, Govt Advocate

ORDER

The petitioners, who were arrested and remanded to judicial custody on 18.12.2025 for the alleged offence under Sections 26(c), 28(A), 28(A)(1a), 35, 40(G), I,II,40(v)(c), 41,43,49(g), 51,56(B) of Tamil Nadu Forest Act, 1982 in Stor No. 1 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners have stolen the teak wood trees worth about Rs.1,00,000/-from the forest godown at Thiruvarur Range. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are in judicial custody since 18.12.2025. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted the quantity of teak wood involved in this case is very huge and there is no previous cases pending against the petitioners. He further submitted that the stolen property was recovered. However , he opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side, the fact that petitioners are in judicial custody from 18.12.2025 and further incarceration is not necessary and also considering the fact that stolen property was recovered and there is no previous case pending against the petitioners, this Court is inclined to grant bail to the petitioner on certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Principal Sessions Judge, Thiruvarur and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

05-02-2026 Index: Yes/No Speaking/Non-speaking order SMN Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Principal Sessions Judge, Thiruvarur 2.The Forest Range Officer Forest Range Office, Thiruvarur Police Station, Thiruvarur District.

3.The Superintendent, District Prison, Thiruvarur 4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

SMN 05-02-2026