Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/03/2026

CORAM

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Manikandan ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep by, The Forest Officer, O/o.Forest Officer, Ramanathapuram.

Wlor No.2 of 2026.

... Respondent PRAYER :- To enlarge the petitioner on bail in the event of his arrest in WLOR No.2 of 2026 on the file of the Respondent.

For Petitioner : Mr.A.R.Kannappan, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 9, 39, 44, 48(A), 49(B), 50 1/6

and 51 of the Wildlife (Protection) Act, 1972, in Wlor No.2 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. According to the prosecution, the petitioner is said to have informed A1 about the possession of the star tortoise, and the respondent police arrested A1 and the respondent police found that the message was received from the accused about the possession of the star tortoise. Hence, the respondent police registered a case for the aforesaid offences. Hence, this petition.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that A1 was released on bail on the date of arrest itself and FIR was registered without any material. Only on the basis of the confession made by A1, present case has been registered against the petitioner. Hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that subsequent to that occurrence, the petitioner made a threat to the officer and also caused injuries and hence, another FIR was registered in Crime No.25 of 2026 against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. The learned counsel for the petitioner by way of reply submitted that in the said FIR, the learned Principal Sessions Judge, Ramanathapuram, granted anticipatory bail to the petitioner by accepting the plea that false case has been registered against the petitioner.

6. Considering the facts and circumstances of the case and also considering the fact that there was no transportation of star tortoise and also grant of anticipatory bail in the subsequent case in Crime No. 25 of 2026 with the finding that false case was registered, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Ramanathapuram, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of 15 days and thereafter, as and when required for interrogation;

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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[d]the petitioner shall not abscond 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 is 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 of BNS.

04.03.2026 DSS TO 1.The Judicial Magistrate No.I, Ramanathapuram.

2.The Forest Officer, O/o.Forest Officer, Ramanathapuram.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.K. RAMAKRISHNAN,J DSS

ORDER

IN CRL OP(MD) No.3239 of 2026 Date : 04/03/2026 6/6