Mayakrishnan v. The State Rep By The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.24280 of 2025 Mayakrishnan ... Petitioner Vs.

The State Rep by The Station House Officer, Thirubuvanai Police Station through The Public Prosecutor ... Respondent (Crime No.110 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.110 of 2025 on the file of the Respondent police pending investigation. For Petitioner : Mr.V.Kamala Kumar For Respondent : Mr.Ramachandramurthy, Additional Public Prosecutor (Pondicherry) ************

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 30.07.2025 for the alleged offence under Section 318(4) and under Section 62 Bharatiya Nyaya Sanhita and also charged with Sections 2(32), 2(36), 39-(B)&(D), 40, 44, 49(A), 49(B), 50, 51 of Wildlife Protection Act 1972 and 318(4) BNS r/w 62 BNS into 2(32), 2(36), 39-(B)&(D), 40, 44, 49(A), 49(B), 50, 51 of Wildlife Protection Act 1972 and 318(4) BNS r/w 62 BNS r/w 3(5) BNS, in Crime No.110 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner, along with the other accused, was found in possession of 6.695 kilograms of Ambergris, which, if found in the possession of any private individual, is liable to be handed over to the Government. Since the petitioner has admitted that he intended to sell the same, the present case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been in prison since 30.07.2025 and that he has no previous criminal antecedents. It was further submitted that the petitioner and the other accused came into possession of the Ambergris without being aware of the legal requirement to hand it over to the Government. Hence, he prayed for the grant of bail.

4. The learned Additional Public Prosecutor (Pondicherry) appearing for the respondent police reiterated the prosecution case. He further submitted that there are two accused in this case. It was stated that A2 came to be in possession of the property and attempted to sell the same, and upon search, the said property was recovered.

5. Considering the facts that the property has been recovered from the possession of the accused, and upon hearing the submissions of the learned counsel on both sides, I am inclined to grant bail to the petitioner. 2/5

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate -VI, Puducherry, 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 daily at 10.30a.m., for a period of two weeks and thereafter 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];

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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.09.2025 nvi 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-VI, Puducherry 2.The Station House Officer, Thirubuvanai Police Station through The Public Prosecutor

3. The Central Prison, Kalapet, Puducherry.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

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