Krishnan v. The Forest Range Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. Krishnan S/o.Kaliyappan, No.1/208, Pattavarthy Village, Jamanahalli Post, Pappireddipatti Taluk, Dharmapuri District.

Petitioner(s) Vs

1. The Forest Range Officer, Morappur Forest Range, Dharmapuri District. (STOR.No.04 of 2025).

Respondent(s) PRAYER To enlarge the petitioner on anticipatory bail in the event on their arrest by the Respondent Police in STOR No.04 of 2025 on the file of the Respondent police. For Petitioner(s):

Mr.J.Pradeep For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 35, 36(A), (B), (C ), (F), 41, 51 of Act 5 of Indian Forest Act, 1882 and Rule 2 & 3 of the Tamilnadu Sandalwood Possession Rules, 1970 and Sections 2,3, 5(3) and Tamilnadu Sadalwood Trees on Patta Land Rules, 2008 in STOR No.04 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that on 04.12.2024, upon instigation of the petitioner, the co-accused had cut 2 sandal wood pieces weighing 15 kgs from the defacto complainant's factory and sold it to the petitioner. Hence, the complaint.

3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent; that he has been falsely implicated in this case; and that in any case, custodial interrogation of the petitioner is not required for investigation; that the petitioner has no bad antecedents and prayed for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents.

5. At this juncture, the learned counsel for the petitioner would submit that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit an amount of Rs.10,000/- to the credit of STOR No.4 of 2025. Hence, he prayed for grant of anticipatory bail to the petitioner. 6.

Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the voluntary submission made by the petitioner that he would deposit a sum of Rs.10,000/- to the credit of STOR No.04 of 2025, without prejudice to his defence and since, custodial interrogation of the petitioner is not required for

the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.

Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.10,000/- [Rupees Ten Thousand Only] directly to the credit of STOR No.04 of 2025, without prejudice to the right of the defence before the Trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned Judicial Magistrate, Harur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond 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 BNS.

29-04-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Forest Range Officer, Morappur Forest Range, Dharmapuri District. (STOR.No.04 of 2025).

2. The Judicial Magistrate, Harur.

3. The Public Prosecutor, Madras High Court.

SUNDER MOHAN J.

jai CRL OP No. 13394 of 29-04-2025