Siva @ Sivakumar v. State Of Tamil Nadu Represented By The Forest Ranger Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Siva @ Sivakumar S/o. Chinnavedi, Nellipattur Village, Vellore District.

Petitioner(s) Vs

1. State of Tamil Nadu represented by The Forest Ranger Officer, FRO, Tirupattur, Tirupattur District.

(STOR.No. 06 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in STOR.No. 06 of 2025 on the file of the the Forest Ranger Officer, FRO, Tirupattur, Tirupattur District and thus render justice.

For Petitioner(s):

Vinodh Kumar S.Lal Devasagayam, U.Vignesh, For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 35-A & B(a), 41- (1)(2)(3)(a)(b), 49-A(1)(2), 3(a)(b), 51,56, 56-E of TN Forest Vth Act in Crime No. 06 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused illegally smuggled red sandel wood-29 nos. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused in this case was granted bail by this Court in Crl.O.P.No.27341 of 2025 dated 03.10.2025.Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that the property has been recovered. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also taking note of the fact that the property has been recovered and also considering the fact that the co-accused in this case was granted bail by this Court in Crl.O.P.No.27341 of 2025 dated 03.10.2025, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial MagistrateII, Tirupattur, 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:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

03-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa

To

1. The Judicial Magistrate-II, Tirupattur.

2.State of Tamil Nadu represented by The Forest Ranger Officer, FRO, Tirupattur, Tirupattur District.

(STOR.No. 06 of 2025) 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 28969 of 03-11-2025