E.Nagesh v. The State Rep By The Forest Range Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN E.Nagesh S/o.Ellappan, No.10, Narikuravar Colony, Kasthampadi Village, Polur, Thiruvannamalai District.

..Petitioner(s) Vs The State represented by:

The Forest Range Officer Polur Forest Range Office, Thiruvannamalai District.

[WLOR No.4 of 2026] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in respect of Crime No.WLOR No.4 of 2026 on the file of Forest Range Officer, Polur Forest Range Office, Thiruvannamalai district, pending investigation. For Petitioner(s):

M/S. S.B.Viswanathan For Respondent(s):

Mr. S. Yogaraja Sekar, Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.05.2026 for the alleged offences under Sections21(d)(h) TNFA, V Act 1882 and Sections 9, 39, 44 of the Wife Life (Protection) Act (WLPA) of 1972 and

Section 25(1)9a) of Indian Arms Act in WLOR No.4 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had hunted the wild animals, by trespassing into the Reserve Forest, by two-wheeler, without getting permission from the competent authorities, by possessing a country-made guns without license. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been remanded to judicial custody on 13.05.2026 for killing the wild boar and deer using country made guns. The learned counsel for the petitioner would submit that the petitioner is an innocent and he belongs to Tribal community and since because, he was in possession of country made guns, he has been falsely implicated in this case and hence prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and strongly opposed the bail application.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the totality of circumstances and upon the fact that the petitioner has been under judicial custody since 13.05.2026, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties each, for a like sum to the satisfaction of the Judicial Magistrate, Polur 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 petitioner shall appear and sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] 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]:

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

12-06-2026 MJS 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, Polur.

2. The Forest Range Officer, Polur Forest Range Office, Thiruvannamalai District.

3. The Superintendent of Police, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 12-06-2026