Muniraj v. State Rep By The Forest Range Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Muniraj, M/A 45 yrs (A-1) S/o Sambanna Door No.2/25, Kusthanapalli Village, Sevakanappalli Post, Hosur Taluk, Krishnagiri District.
.. Petitioner/Accused /versus/ State rep.by The Forest Range Officer, Hosur Forest Range, Hosur, S.T.O.R.No.1/2025 .. Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge him on bail in S.T.O.R.No.1 of 2025 on the file of the learned Judicial Magistrate-II, Hosur. For Petitioner :Mr.A.Balamurugan For Respondent :Mr.L.Baskaran Government Advocate (Crl. Side) 1/5
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 08.07.2025, for the offences punishable under Sections 35, 35(b), 41 and 56 of the Tamil Nadu Forest Act, 1882 and Rule 9 of Tamil Nadu Timber Transit Rules, 1968 in S.T.O.R.No.1 of 2025 registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner is the landlord of the premises from which the respondent seized 703.50 kilograms of Red Sanders worth about Rs.45,00,000/-.
3. According to the prosecution, one Naiz of Bangalore, a known friend of the petitioner herein, had leased out the premises in the month of December 2024 for storing iron scrap, but he had clandestinely stored prohibited scheduled timber, worth of Rs.45,00,000/-. The respondent police seized red sanders on 08.07.2025 pursuant to the registration of S.T.O.R.No.1 of 2025. This petitioner being the owner of the premises arrested on 08.07.2025. The tenant Naiz, who is the second accused, is absconding.
4.The learned counsel appearing for the petitioner submitted that the petitioner has no knowledge about the storage of red sanders in the premises let out for the purpose of storing iron scarp. 2/5
5.The learned Government Advocate (Crl.Side) reading the confession statement of the petitioner herein indicated his knowledge about the storage of red sanders in his premises.
6. This Court after reading the confession statement and the First Information Report is of the view that the truth of the confession statement is subject to proof. Since the petitioner has roots, he may be granted bail on strict 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 learned Judicial Magistrate-II, Hosur 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 report before the respondent police as and when required for interrogation;
[c] 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]; 3/5
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
11.08.2025 ari 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 No.II, Hosur.
2.The Forest Range Officer, Hosur Forest Range, Hosur.
3.The Sub Jail, Hosur.
4.The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN, J.
ari 11.08.2025 5/5