Vishnu v. State Rep. By The Forest Range Officer, Tirupattur Range.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.08.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.20013 of 2024 Vishnu ... Petitioner / Accused Vs State rep. by:- The Forest Range Officer, Tirupattur Range, Tirupattur District.

... Respondent For Petitioner : Mr.E.Kannadasan For Respondent : Mr.S.Vinoth Kumar Government Advocate [Criminal side] PETITION FOR BAIL Under Sec.483 of B.N.S.S.

PRAYER: - The Criminal Original Petition is filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the Petitioner on bail in STOR.No.3 of 2024 on the file of the respondent. 1/6

ORDER

The Petitioner, who was arrested and remanded to judicial custody on 21.07.2024 for the offences punishable under Sections 35, 36(A&E), 41 and 51 of Tamil Nadu Forest Act, 1882, on the file of the respondent, seeks bail.

2.The case of the prosecution is that on 21.07.2024 at about 1.40 p.m., when the respondent conducted search near Tiruppur Town Police Station, in a bus, the petitioner was found in possession of 5.600 grams of sandal wood worth about Rs.3,000/- in his bag. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that based on the confession of the co-passenger, the petitioner's name was implicated in this case. He would further submit that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 2/6

4.The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioner was found in possession of 5.600 kgs of sandal wood in his bag. He would further submit that there are eight previous cases against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard both side learned counsel and perused the materials available on record.

6. Considering the nature of offence and considering the number of days of incarceration undergone by the petitioner and that though the petitioner has previous cases, he has been released on bail in all the cases, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the Petitioner is ordered to be released on bail on condition to 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 Judicial Magistrate, Tirupattur, and on further conditions that: [b] the Petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.

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[c] the Petitioner shall not commit any offences of similar nature. [d] the Petitioner shall not abscond either during investigation or trial.

[e] the Petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

21.08.2024 ata 4/6

To 1.The Judicial Magistrate, Tirupattur.

2.The Forest Range Officer, Tirupattur Range, Tirupattur District.

3.Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL ,J ata CRL.OP.No.20013 of 2024 21.08.2024 6/6