Ramar v. State Rep.By, The Forest Range Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Ramar ... Petitioner Vs.
State represented by The Forest Range Officer, Thumbal Range, Salem District.
W.L.O.R No.12 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent police in the above W.L.O.R.No.12 of 2026 on the file of the respondent. For Petitioners : Mr.Vasudevan Bramalingam For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Section 21(a)(b)(d) of Tamil Nadu Forest Act, 1882 , in W.L.O.R. No.12 of 2026 on the file of the respondent police seeks anticipatory bail. 1/6
2. The case of the prosecution is that the petitioners along with other accused attempted to encroach upon the forest area and have also cut trees by setting fire on trees in order to create a pathway. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that, co-accused in this case have been granted anticipatory bail by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and fairly submitted that the co-accused were granted anticipatory bail by this Court in Crl.O.P.No.6092 of 2026.
5. Considering the fact that the similarly placed co-accused were granted anticipatory bail, this Court is inclined to give parity to the petitioner. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.2, Attur, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) 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 identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent police twice daily at 10.30 am., and 05.30.p.m., for a period of four weeks and thereafter as and when required; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. 3/6
State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
25.03.2026 sma 4/6
To 1.The Judicial Magistrate No.2, Attur, Salem. 2.The Forest Range Officer, Thumbal Range, Salem District.
3.The Public Prosecutor, High Court of Madras.
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C.KUMARAPPAN.J.
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