Kalisamy v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kalisamy

...Petitioner

Vs The State rep by, The Forest Range Office Kadamboor Range, Sathyamangalam Erode District.

(O.R.No.1 of 2026)

...Respondent

Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in O.R.No.1 of 2026 on the file of the respondent Police.

For Petitioner(s):

Mr.R.Thirumoorthy For Respondent(s):

Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 39, 50, 51 (1-c) of the Wildlife (Protection) Act, in O.R.No.1 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that he is the forest dweller and without any specific overt act, he has been arrayed as accused and he is in no way concerned with the case. However, this fact was not brought to the notice of this Court when the petitioner earlier moved the first anticipatory bail application. It is the further submission of the learned counsel for the petitioner that A1 has already been enlarged on bail.

3. At this juncture, the learned Government Advocate (Crl.side) appearing for the respondent would strongly oppose the anticipatory bail application that this petitioner is the manufacturer of the explosive material and three year old elephant calf has eaten the explosive material and sustained serious injury and subsequently died.

4. From the submissions of the learned Government Advocate (Crl.Side), this Court is able to visualize the seriousness of the issue. Though there is a question of wrong identification of the petitioner, at this stage and as rightly contended by the learned Government Advocate (Crl.Side) that the custodial interrogation of the petitioner alone would reveal as to where the explosive substances had been purchased and what was his involvement, this Court is of the firm view that the petitioner does not deserve anticipatory bail.

5. Accordingly, this Criminal Original Petition is dismissed. 06.04.2026 dna To 1.The Forest Range Office Kadamboor Range, Sathyamangalam Erode District.

(O.R.No.1 of 2026)

2. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

dna 06.04.2026