Rajasekar v. The State Rep. By Its Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Rajasekar ... Petitioner Vs.

The State Rep. By, The Sub-Inspector of Police, FRO Polur Police Station, Tiruvannamalai District.

Crime No.WLOR No.2 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.WLOR No.2 of 2025 on the file of the respondent police.

For Petitioner :

Mr.E.Sathiyaraj Elangovan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 9, 39, 44, 51, 56, 57 of the Tamil Nadu Wild Life Protection Act, 1972, in Crime No.WLOR No.2 of 2025 , on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, along with other accused, A1 and A2, killed a pangolin, consumed its meat, and were about to sell its scales to the petitioner herein. However, the police officials recovered the pangolin scales from A1 and A2.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case . He further submitted that the property has already been recovered and that the petitioner has no previous case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally three accused in this case, and the petitioner is ranked as A3. He 2/6

further submitted that the co-accused, A1 and A2 have already been released on bail and that no previous case is pending against the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the submissions made by the learned counsels on either side, and taking into account that the co-accused have already been released on bail, the petitioner is only the prospective purchaser of the pangolin scales, and no previous case is pending against him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Polur, Tiruvannamalai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

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[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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;

[c] the petitioner shall report before the respondent police for a period of three weeks, and thereafter as and when required for interrogation; [d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 09.10.2025 cda 4/6

To 1.The Judicial Magistrate, Polur, Tiruvannamalai. 2.The Sub-Inspector of Police, FRO Polur Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

cda 09.10.2025 6/6