Kumar v. State Rep.By, The Forest Range Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2025
CORAM
THE HONOURABLE MR JUSTICE N.SENTHILKUMAR CRL.OP No.15533 of 2025 Kumar Petitioner Vs The State Represented by, Forest Range Officer, Kalrayan Range, (WLOR.No.02 of 2025) Respondent For Petitioner:
Mr.Srirama For Respondent:
Mr.A.Gopinath Government Advocate (Criminal Side) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest by the respondent police in WLOR.No.02 of 2025 pending investigation on the file of the respondent police.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Article 51A (g) of the Indian Constitution Law Part IV-A, Sections 3 and 25 of Indian Arms Act, 1959, Section 21(d) (h) of the Tamil Nadu Forest Act V, 1882 and Section 2(16), 9, 31, 32, 34, 1 / 4
39(d), 50 and 51(1), 51(A) of Wild Life (Protection) Act, 1972 (Amended Act), 2022 in WLOR.No.02 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is alleged to have found with a country rifle in the forest which was checked by the Forest Range Officer in the camera. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is affected with Leprosy and evaluated 50% disability and has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner was found with a battery light tied on his forehead and country rifle in the forest for hunting and the same was recorded in the camera fixed by the Forest Range officer. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the 2 / 4
event of arrest or on his appearance before the learned Judicial Magistrate No.2, Attur, on condition that the petitioner 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 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 stands dismissed and on further conditions that:
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] the petitioner shall report before the concerned Judicial Magistrate daily at 10.30 a.m, from Monday to Friday and shall further appear before the respondent police at 10.30 a.m., on every Saturday and Sunday until further orders.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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 3 / 4
N.SENTHILKUMAR.,J.
Gv/jai 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
21.05.2025 "Note:
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 the official website of this Court will be watermarked and will also have a QR code." To 1.The learned Judicial Magistrate No.2, Attur.
2. The State Represented by, Forest Range Officer, Kalrayan Range, 3.The Public Prosecutor, High Court, Madras.
CRL .OP No. 15533 of 2025 4 / 4