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Madras High CourtCRL RC/1709/2024disposed of

Mohammed Faslu Rahman v. State Rep.By

2024-10-09Honourable Mrs Justice K. Govindarajan Thilakavadi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

1. Mohammed Faslu Rahman

2. Muhammed Suhail ... Petitioners/ Accused Nos.5 & 6 Vs.

State Rep. by The Forest Range Officer, Shevaroys South Range, Salem.

(STOR No.1 of 2024) ... Respondent PRAYER: Criminal Revision Petition filed under Section 438 of BNSS, prayed to set aside the order dated 12.08.2024 passed in Crl. MP.No.1701 of 2024, on the file of the learned Judicial Magistrate No.6, Salem and enlarge the petitioners on bail in STOR No.1 of 2024, on the file of the respondent. For Petitioners : Mr.Ma.Gouthaman For Respondents : Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

Challenging the dismissal order dated 12.08.2024 passed in Crl. MP.No.1701 of 2024, on the file of the learned Judicial Magistrate No.6, Salem and enlarge the petitioners on bail in STOR No.1 of 2024, on the file of the respondent.

2. The petitioners/accused were arrested on 05.06.2024, based on a case registered against him for the offences punishable under Sections 35B, 36A, 36E, 41, 49A, 51, 56, 56B, 56D of Tamil Nadu Forest Act, 1882, 3, 4, 7 of Tamil Nadu Sandawood Transit Rules 1967, Rule 3(a) of Tamil Nadu Sandalwood possession Rules, 1970 in STOR No.1 of 2024 on the file of the respondent police.

3. Heard the learned counsel for the petitioners, the learned Government Advocate for the respondent and the and perused the materials available on record.

4. Learned counsel for the petitioners submitted that the petitioners innocent persons and the entire allegation leveled against the petitioners is false and they are in judicial custody from 05.06.2024. Hence, he prays for

grant of bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners.

6. Accordingly, the revision is allowed and the petitioners are ordered to be released on bail subject to the following conditions: (i) the petitioners shall execute a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand Only) with two local sureties, each for a like sum to the satisfaction of the Judicial Magistrate No-VI, Salem; (ii) the petitioners shall appear before the respondent Police daily at 10.30 a.m., till the completion of investigation; 09.10.2024 kkn Internet: Yes / No Speaking / Non-speaking order

To

1. The Judicial Magistrate-VI, Salem.

2. The Forest Range Officer, Shevaroys South Range, Salem.

3.The Central Prison, Salem.

4. The Public Prosecutor Madras High Court, Chennai 600 104.

K.GOVINDARAJAN THILAKAVADI, J.

KKN 09.10.2024