Raman v. The State Rep By Its The Forest Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Raman 2.Ramesh 3.Eswaran ... Petitioners Vs.

The state rep by its The Forest Officer, Thumbal Forest Range Thumbal Salem District WLOR.No.1 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioners on bail in WLOR.No.1 of 2025 on the file of respondent police.

For Petitioner :

M/s.S.Sengkodi For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 26.04.2025, for the offence punishable under Section 26(f) of Tamil Nadu Forest Act, 1885, Sections 7, 27 of Arms act, 1959 and Sections 2(16), 9, 39(1)(d), 50(1)(a)(b)(c), 51(1), 57 of Wild Life Protection Act, in connection with WLOR.No.1 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that on 25.04.2024, the petitioners had attempted to hunt the wild animals and they were found in possession of counterfeit gun, explosives material and forehead light. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in no way connected with the alleged offence, however, they are suffering incarceration from 26.04.2025. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that there are totally four accused in this case 2/6

and the petitioners/A1, A3 and A4 were arrested on 26.04.2025. He also submitted that the petitioners were making arrangements for hunting and from A1, a country made gun, headlights and mobile phones were seized. He also submitted that A2 in this case has been granted anticipatory bail by this Court in Crl.O.P.No.15736 of 2025.

5. The petitioners/A1, A3 and A4 were arrested by the respondent police on suspicion that they went to the forest area for hunting. According to the petitioners, they were guarding fields which were adjacent to the forest area and to scare away the wild animals, they were having some headlights and crackers which has been projected that the petitioners have been preparing for hunting. In this case, A2 has been granted anticipatory bail by this Court.

6. Heard both sides and perused the materials available on record.

7. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

8. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 3/6

Judicial Magistrate No.II, Attur and on further conditions that: [a] 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 the identity proofs to ensure their identity;

[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation; [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

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[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.06.2025 nr 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 Judicial Magistrate No.II, Attur.

2. The Forest Officer, Thumbal Forest Range Thumbal Salem District

3. The Superintendent, Central Prison, Salem..

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

nr 10.06.2025 6/6