Suresh v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Suresh

2. Dasarathan

3. Anbazhagan

4. Devaraj ..Petitioner(s) Vs The State Rep. by the Inspector of Police, Forest ranger office, Amirithi, Vellore District.

(WLOR No.01 of 2026) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioners on bail in WLOR No.01 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.M.Sathish Kumar For Respondent(s):

Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 26.01.2026 for the offences punishable under Sections 21(d)(h) of TNFA 1882, R/w Sections 2, 9, 39, 44 49(B), 50, 51, 55, 56, 57 of Wildlife Protection Act, 1972 in WLOR No.01 of 2026, registered on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 25.01.2026 at about 5.00 p.m., while the respondent was conducting patrol duty near Amirithi-Nammiyampattu Valliyur Road and proceeding towards Chinnappanapaarai, at about 7.15 p.m., the petitioners were found in possession of a live pangolin (ant eater), which had been concealed in a gunny bag. The respondent seized the pangolin and registered an FIR and thereafter, the petitioners were arrested. 3.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution; that they are in judicial custody since 26.01.2026; and that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioners reiterated the prosecution case and submitted that there are totally four accused involved in this case and the petitioners herein are arrayed as A1 to A4; that the petitioners have no previous antecedents; and that the investigation of this case is pending.

5.

Considering the submissions made, facts and circumstances of the case, nature of offence, the fact that the petitioners have no previous antecedents and taking note of the period of incarceration undergone by the petitioners herein and also the animal was rescued, this Court is inclined to grant bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Vellore, Vellore District and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioners shall report before the respondent police daily at 10:30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the

aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

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

24-02-2026 GBI To 1.The State Rep. by the Inspector of Police, Forest ranger office, Amirithi, Vellore District.

(WLOR No.01 of 2026) 2.The Judicial Magistrate No.I, Vellore, Vellore District. 3.The Central Prison, Vellore, Vellore District. 4.The Public Prosecutor, High Court of Madras.

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.

K.RAJASEKAR, J.

GBI 24-02-2026