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Madras High CourtCRL OP/35541/2025granted

Pandarathan @ Chandru v. Forest Ranger

2026-01-05Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.35541 of 2025 Pandarathan @ Chandru ... Petitioner Vs.

State Rep by Forest Ranger Forest Range Office, Morappur, Dharmapuri District.

.. Respondent (WLOR No.31 of 2025) 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 WLOR No.31 of 2025 on the file of the respondent police. For Petitioner : Mr.B.Vetrilvel For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 21(d)(h) Act V of Tamilnadu Forest Act, 2(16), 9, 39, 41, 50, 51 of Wild Life Protection Act and 9, 25(1)(a) of Indian Arms Act in WLOR No.31 of 2025 on the file of the respondent police. seeks anticipatory bail. 1/5

2. The case of the prosecution is that on 09.12.2025 at about 11.30 p.m, when the forest officials were conducting raid at Patthalamalai Forest Area, the petitioner along with other accused came in a two wheeler and on suspicion, they were stopped by them and A2 has ran away from the occurrence place on seeing the forest officials and the petitioner was caught by the police with country gun and on enquiry, they found that the petitioner came to hunt of wild animals, which led to the registration of the FIR. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that the co-accused was enlarged on bail by this Court vide order dated 30.12.2025 in Crl.OP.No.36042 of 2025. He further submitted that the petitioner is ready and co-operate with the investigation and prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that investigation in this case is pending and there is no previous case against the petitioner. Hence, she opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the nature of offence, wild animals were hunted and taking note of the fact that the co-accused was enlarged on bail by this Court and no previous case reported, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate, Pappyreddipatti, Dharmapuri District on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioner 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; 3/5

(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

(d) The petitioner shall not tamper with evidence or witness either during investigation or trial; (e) The petitioner shall not abscond either during investigation or trial:

(f) 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 anticipatory 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]; (g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

05.01.2026 Vv To

1. The Judicial Magistrate, Pappyreddipatti, Dharmapuri District

2. The Forest Ranger Forest Range Office, Morappur, Dharmapuri District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.35541 of 2025 05.01.2026 5/5