Shajan Immanuval v. State Rep.By Forest Range Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
1. Shajan Immanuval
2. Balakrishnan
3. Pradeesh KB ..Petitioner(s) Vs State rep.By Forest Range Officer, Birtherkad Forest Range, The Nilgiris.
W.L.O.R.No.Not Known of 2026 ..Respondent(s) Prayer: This Criminal original Petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of arrest in W.L.O.R. No. Not Known of 2026 on the file of the respondent police. For Petitioner(s):
M/s.J.Franklin For Respondent(s):
Mr.A.Gopinath, Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 2(16), 9 of Wild Life Protection Act, 1972, Section 21(3) of Tamil Nadu Forest Act 1882 in WLOR.No.3 of 2026 on the file of the respondent police seek anticipatory bail.
2. The allegation against the petitioners are that on 14.04.2026 at night hours, petitioners trespassed into the reserved forest area with weapon and attempted to hunt a wild boar. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and on instructions submitted that the respondent police seized the weapon from the accused and vehemently opposed to grant anticipatory bail to the petitioners.
5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.
6. Considering the facts and circumstances of the case and that the weapon has been seized from the accused, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.
7. Accordingly, the petitioners shall pay a sum of Rs.25,000/- (Rupees Twenty five Thousand only) as cost to the Tamil Nadu Advocate's Clerk's Association, Chennai, Account No. 484026006, Branch: Indian Bank High Court, IFSC No.IDIB000M157 and on such payment, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pandalur, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 petitioners 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 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.
(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. 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.
06-05-2026 jai/GBI
To 1.State rep.By Forest Range Officer, Birtherkad Forest Range, The Nilgiris.
W.L.O.R.No.Not Known of 2026
2. the learned Judicial Magistrate, Pandalur 3.The Public Prosecutor, High Court of Madras.
L.VICTORIA GOWRI, J.
GBI 06-05-2026