Vikram Kumar v. Forest Range Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.34796 of 2025 Vikram Kumar ... Petitioner -vsState Rep by, The Forest Range Officer, Kattabettu Division, Kotagiri, The Nilgiris.

(Crime No.7 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.7 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.D.Solomon For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.10.2025 for the offences punishable under Sections 2(1)(2)(16) r/w Section 9, 39, 51 of the Wild Life Act, 1972, in Crime No.7 of 2025, registered on the file of the respondent police, seeks bail.

2. The allegation against this petitioner is that, this petitioner had placed a snarl near the fencing of the forest area, as a result of which a bear was trapped and died. Immediately thereafter, the forest officials conducted an investigation and found that the petitioner had broken the wire while setting up the snarl. Hence this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody since 15.10.2025; and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and sought for bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner has set up a trap, resulting in the death of a wild animal, amounting to theft of the 2/6

entire carcass and investigation is pending in this case and opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case, though it is stated that the investigation is not concluded, major part of the investigation is seems to be completed, and also the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Kotagiri, 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 daily at 10:30 a.m., for a period of three weeks and thereafter as and when requires for interrogation by the respondent;

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[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness 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 B.N.S.

19.12.2025 rna 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 4/6

official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate, Kotagiri.

2.The Forest Range Officer, Kattabettu Division, Kotagiri, The Nilgiris.

3.The Superintendent of Prison, Sub Jail, Coonoor.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

rna Crl.O.P.No.34796 of 2025 19.12.2025 6/6