Venkatesan v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR VENKATESAN Petitioner Vs The State Rep by, The Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District. Cr.No.136/2025.

Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Cr.No.136/2025, pending on the file of the Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District.

For Petitioner:

Mr.C.D.Sugumar For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.06.2025, for the offences punishable under Sections 35, 36-A, 36-B, 36-E of Tamil Nadu Forest Act, 1882 r/w 303(2) of BNS, in Crime No.136 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that based on the secret information the respondent police went to the place of occurrence and intercepted a Swift Dzire car bearing Registration No.AP 03 AL 3587 and a two wheeler bearing bearing Registration No.TN 83 Q 3447 and found the petitioner along with other accused transporting eight red woods weighing 270 kgs and the same was seized. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, the custodial interrogation of the

petitioner is not required and he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case. He further submitted that the petitioner has got one previous case.

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

6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Vaniyambadi, Tirupathur District 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 deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) (Non refundable) towards the account of SRI RAMACHANDRA INSTITUTE OF HIGHER EDUCATION AND RESEARCH, Current Account maintained at Indian Bank, SRU Branch, Porur, Chennai-600 116, bearing Current Account No.471533180, IFSC Code No.IDIB000S180 and to produce the Bank Challan before the Judicial Magistrate, Vaniyambadi, Tirupathur District and the receipt shall be produced at the time of executing the bond;

[c] the petitioner 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; [d] the petitioner 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; [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.

03-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 State Rep by, The Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District. Cr.No.136/2025.

2.The Judicial Magistrate Vaniyambadi, Tirupathur District.

3. The Superintendent, Sub Jail, Vaniyambadi.

4. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 18802 of 03-07-2025