Sakthivel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26204 of 2025 Sakthivel ... Petitioner Vs The Inspector of Police, Forest Range Officer, District Forest Department, Tiruvallur & District (STOR No.1 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.1 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr.R. Prabudoss For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.07.2025 for the offence under Sections 35, 35(a), 35(b), 56(b) & 58(d) of the Tamil Nadu Forest Act, r/w rule 9(a) of the Tamil Nadu Timber Transit Rules in STOR No. 1 of 2025, registered on the file of the respondent, seeks 1/6

bail.

2. The case of the prosecution is that based on a secret information, the respondent police went to the spot and found that the petitioner joined hands with other accused and transporting red sandalwood timbers worth about Rs.9,30,320/- . Hence this petition.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. 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 the petitioner an major part of the investigation is completed. He further submitted that there is no previous case pending against the petitioner and the properties was recovered. 5.Considering the facts and circumstances of the case, the period of 2/6

incarceration undergone by the Petitioner and the fact that there is no previous case pending against the petitioner and the properties was recovered, 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 Judicial Magistrate No.2, Poonamallee, Tiruvallur District 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 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 3/6

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.

23.09.2025 smn 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 Inspector of Police, Forest Range Officer, District Forest Department, 4/6

Tiruvallur & District

2. The Judicial Magistrate No.2, Poonamallee, Tiruvallur District

3. The Superintendent, Central Prison, Puzhal, Chennai

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

smn 5/6

Crl.O.P. No.26204 of 2025 23.09.2025 6/6