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Madras High CourtCRL OP/21014/2025granted

Julet K.P v. State Rep. By The Forest Range Officer,

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21014 of 2025 Julet K.P ... Petitioner -vsState Rep by, The Forest Range Officer, O/o.Valley Forest Range, The Nilgiris.

(W.L.R.O.No.1 of 2024) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the petitioner on bail in the event of his arrest in W.L.R.O.No.1 of 2024 pending on the file of the respondent. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioner, who apprehends arrest for the alleged offence punishable under Sections 2(16)(a), 9 r/w 39(1)(d) of the Wild Life Protection Act, 1972, in W.L.R.O.No.1 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of prosecution is that on 25.01.2024 at Fernside Estate, O'Valley West Division, there was an Indian Gaur found dead due to internal hemorrhages and shock caused by gun shot the said body. On 06.06.2024, A1 was arrested and on enquiry, it came to know that petitioner along with other accused, poached the Guar / Indian Bison-Bos Gaurs. Hence this case.

3. The learned counsel appearing for petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that A1 already released on bail, one previous case is pending against the petitioner, it is similar in nature. However, he vehemently opposed to grant anticipatory bail to the petitioner. 2/6

5. Considering the facts and circumstances, and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Gudalur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties which is one must be a blood surety, 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 and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent on every Tuesday and Saturday at 10.30 a.m., for a period of twelve weeks;

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(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

11.09.2025 rna Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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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 learned Judicial Magistrate, Gudalur.

2.The Forest Range Officer, O/o.Valley Forest Range, The Nilgiris.

3.The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

rna Crl.O.P.No.21014 of 2025 11.09.2025 6/6