Selvaraj v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25210 of 2025 Selvaraj ... Petitioner Vs The State rep. by, The Inspector of Police, Forest Range Officer Gummidipoondi (STOR No.02 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in (STOR No.02 of 2025) on the file of the respondent police. For Petitioner(s) :
Mr.K.P.Rajendran For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 05.05.2025 for the offence under Sections 35,35B, 56B, 56D of Tamil Nadu Forest Act, 1882 and Section 9 of Motor Vehicle Act, 1968 in STOR No.02 of 2025 , registered on the file of the respondent police, seeks bail.
2. The case of the prosecution is that this petitioner was involved in 1/5
transporting of red sandalwood. Earlier he moved bail application in Crl.O.P.No.16280 of 2025 and he was granted bail on 26.06.2025 with a condition to appear before the respondent police everyday at 10:30 a.m. Since he has not followed the said condition bail was cancelled and the petitioner was arrested on 16.08.2025. Hence this petition. 3.The learned counsel appearing for the petitioner submitted that the due to ill health the petitioner could not able to travel and he did not appear before the Court below. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that there is no previous case pending against the petitioner.
5.Considering the facts and circumstances of the case, the period of 2/5
incarceration undergone by the Petitioner and the fact that already bail was granted by this Court as he did not comply with the conditions imposed by this Court, bail was cancelled and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner herein with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail on their 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 XV Metropolitan Magistrate, George Town, Chennai 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 10.30 a.m., for a period of three 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 3/5
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];
[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
22.09.2025 smn To 1.The Inspector of Police, Forest Range Officer Gummidipoondi
2. The XV Metropolitan Magistrate, George Town, Chennai
3. The Superintendent, Central Prison, Puzhal
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
smn 4/5
Crl.O.P. No.25210 of 2025 22.09.2025 5/5