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Madras High CourtCRL OP/16248/2025granted

Siranjeevi v. The State Rep By Inspector Of Police/Forest Officer,

2025-06-24Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Siranjeevi ... Petitioner Vs.

The State represented by, The Inspector of Police/Forest Officer, Arni Forest Police Station, Tiruvannamalai District.

W.L.O.R No.02 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with W.L.O.R.No.02 of 2025 on the file of respondent Police.

For Petitioner :

Mr.E.Sathiyaraj Elangovan For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(16a), 2(16b), 9, 39, 44,50, 51 of Tamil Nadu Wild Life Protection Act, 1972 in W.L.O.R.No.02 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6

2. The contention of the petitioner is that the petitioner belongs to Narikuravaru community and by their birth and practise they were doing hunting, which is permitted, however the respondent has been harassing the petitioner and projected a false case that the petitioners entered into forest area with explosives and attacked the wild boars.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that from the petitioner, 68 numbers of country made bomb were seized and the petitioner was required for enquiry.

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

5. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/6

6. Accordingly, 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, Arni, Tiruvannamalai District 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 stand dismissed and on further condition 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 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; [c] the petitioner 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;

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[d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;;

[f] the petitioner 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;

[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.06.2025 sma 4/6

To

1. The Judicial Magistrate, Arni, Tiruvannamalai District.

2. The Inspector of Police/Forest Officer, Arni Forest Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

Sma 24.06.2025 6/6