Basheer v. State Rep. By. Forest Range Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Basheer Petitioner(s) Vs State rep. By. Forest Range Officer, Kundha Forest Range, The Nilgiris, (W.L.O.R. No. 2 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in W.L.O.R. No.2 of 2025 on the file of the respondent Forest Range Officer. For Petitioner(s):

Mr.Franklin J For Respondent(s):

Mr.S.Udhayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 9 and 51 of Wild life Protection Act, 1972 in W.L.O.R.No.2 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and co-accused were found in illegal possession of 4 bullets, 2 knifes, 4 small wooden knife, 2 small saw, 2 helmet torch light, and 7 large black covers in the car boot. Upon st accused confessed that he and other co-accused had hunted an enquiry, the 1 th February 2025 and a sambar deer on 22 nd February 2025.

Indian Gaur on 10 Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that co-accused in this case has already been released on bail by this Court in Crl.O.P.Nos.29305 to 29307 of 2025. Hence, he prayed for grant of anticipatory

bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the coaccused has been arrested and also released on bail by this Court and the investigation was completed, hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. From the rival submissions it is seen that though the petitioner is alleged to have involved in hunting of various animals, the FIR has been registered only for the offence of possessing various articles used for hunting. Further, the investigation has also been completed. Hence, I am 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,

Udhagamandalam on condition that the petitioner shall execute 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 Magistrate concerned, and on further condition that:

[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 his 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 daily at 10.30 a.m., 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.

31-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep. By. Forest Range Officer, Kundha Forest Range, The Nilgiris, (W.L.O.R. No. 2 of 2025) 2.The Judicial Magistrate, Udhagamandalam.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 28458 of 31-10-2025