Settu Alias Muniraji v. State Rep By, The Forest Ranger
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Settu Alias Muniraji No.3/54, Kollai Medu, Durai Mulai, Kanguppam, Gudiyatham Taluk, Vellore District
2. Ravi Alias Ravichandran S/o.Rajagopal, No.85u, Semmedu, Kanguppam, Rusha Campus, Vellore District.
..Petitioner(s) Vs State rep by, The Forest Ranger, Katpadi Forest Ranger Office, Vellore District.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 438 of Crl.P.C., to enlarge the petitioners on bail in the event of their arrest in WLOR.No.02 of 2026 on the file of the Forest Ranger, Katpadi Forest Ranger, Vellore District and thus render justice.
For Petitioner(s):
Mr.G.Vinodh Kumar
For Respondent(s):
Mr.Rajendran Ragavan Special Public Prosecutor
ORDER
The petitioners apprehend arrest for the alleged offences under Sections 21(a)(d)(f) and 51 of the Tamil Nadu Forest Act 1882, Sections 2(16), 9, 50(1), 51(1) of the Wild Life Protection Act 1972 in WLOR.No.02 of 2026 on the file of the respondent Police and seeks anticipatory bail.
2. The case of the prosecution is that the petitioners have trespassed into the forest land and also dug some holes in the forest land.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and a false case had been foisted against them and that they have not committed any offence as alleged by the prosecution.
4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent Police reiterated the prosecution case and, upon instructions, submitted that petitioners have trespassed into the forest land and dug some holes in the forest land.
5. I have given my anxious consideration to either side submissions.
6. Considering the nature of the allegations and except the allegation that the petitioner dug holes in the forest land, there is no serious allegation made out as against the petitioners and also considering the fact that the occurrence took place on 02.04.2026 and at this length of time, this Court is of the firm view that, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the District Munsif cum Judicial Magistrate, K.V.Kuppam on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 fail 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 slip [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;
(c) The petitioners shall report before the respondent Police daily at 10.30 am for a period of two weeks and thereafter as and when required;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of the BNS Act.
08-06-2026 Index: Yes/No Speaking/Non-speaking order MFA To
1. The District Munsif cum Judicial Magistrate, K.V.Kuppam
2. The Forest Ranger, Katpadi Forest Ranger Office, Vellore District.
3. The Public Prosecutor, High Court, Chennai.
C.KUMARAPPAN, J.
MFA 08-06-2026