Ramkumar Alias Kumar v. State, Rep. By The Forest Ranger,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2025
CORAM
THE HONOURABLE MR. JUSTICE N. SENTHIL KUMAR CRL OP NO.14748 of 2025 Ramkumar @ Kumar ... Petitioner(s)/ A5 Vs State rep. by, The Forest Ranger, Rasipuram Forest Range, Namakkal District.
(W.L.O.R. No.01 of 2025). ... Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in W.L.O.R. No.01 of 2025, on the file of the respondent police. For Petitioner(s) : Mr. S. Rithika For Respondent(s) : Mr. A. Gopinath, Government Advocate (Crl. Side) ******
ORDER
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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(32), 39(1)(b), 39(1)(d), 39(3)(a), 39(3)(b), 39(3)(c), 40(1), 40(2), 49(A)(b), 49(B), 49(C), 50, 51(1), 52 and 57 of Wild Life Protection Act, 1972 in W.L.O.R. No.01 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.
The case of the prosecution is that based on a secret information, the respondent police went to the spot and found that the accused persons were in illegal possession of 18 kilograms of Ambergris for the purpose of selling the same to the petitioner. Hence, this case. 3.
The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case; that the petitioner had never committed any offence as alleged by the prosecution; that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organization and ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for 2/6
the investigation, and sought for anticipatory bail to the petitioner. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally 5 accused in this case and the petitioner has been arrayed as A5; and that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioner.
5.
Taking note of the facts and circumstances of the case, the nature of allegation against the petitioner, submissions made by the learned counsels on either side 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. Taking into consideration the voluntary submission made by the petitioner offering to deposit a considerable amount to any charitable organization or association, this Court is of the opinion that as one of the conditions for grant of anticipatory bail, the petitioner may be directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of The Dean, Rajiv Gandhi Government General Hospital, Chennai, without prejudice to his rights and contentions before the Trial Court.
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6.
Accordingly, the petitioner shall make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the The Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c. No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856 and on such deposit and on receipt of proof of payment, 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 made ready, before the learned Judicial Magistrate Court, Sendamangalam, Namakkal District on condition that the petitioner shall execute a bond for a sum of Rs.
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[b] the petitioner shall report before the respondent police everyday 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 of B.N.S. 21.05.2025 stn/ nsl N. SENTHILKUMAR, J.
stn/ nsl Note:- 5/6
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 official website of this Court will be watermarked and will also have a QR code.
To
1. The Judicial Magistrate, Sendamangalam, Namakkal District.
2. The Forest Ranger, Rasipuram Forest Range, Namakkal District.
(W.L.O.R. No.01 of 2025).
3. The Public Prosecutor, High Court of Madras.
Crl.O.P. No.14748 of 2025 21.05.2025 6/6