Jayaraman v. The State Rep. By
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.1 of 2024 registered for the offences punishable under VTH Act Sections 21, 21(d) & (h) of Tamil Nadu Forest Act, 1882 and Sections 2, 9, 39, 41, 50, 51 of Tamil Nadu Wild Life Protection Act, 1972 and Section 25(1B) of the Arms Act, 1959, the present petition has been filed by the petitioner seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that in respect of the death of the unknown person, a case in Crime No.148 of 2024 was registered and the petitioner was arrested on 24.03.2024 and remanded to judicial custody and later, he was released on bail by the learned Principal District Judge, Tiruvannamalai in Crl.M.P.No.1131 of 2024 vide order dated 29.04.2024. Subsequently, the respondent have falsely implicated him in the present case. Page No.1 of 4
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused trespassed into the reserved forest area and shot with an illegal country gun, resulting in the death of one person.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Tirupathur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: Page No.2 of 4
[a] the petitioner and 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 police everyday at 10.30 a.m., for a period of one week and thereafter every Saturday at 10.30 a.m., until further orders.
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
27.11.2024 Anu Page No.3 of 4
A.D.JAGADISH CHANDIRA , J.
Anu 27.11.2024 Page No.4 of 4