Shahjahan v. State Through Forest Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6267 of 2026 Shahjahan ... Petitioner Vs State of Tamil Nadu rep. by The Forest Officer, W.L.C.C.(Wildlife Crime Central Bureau), Ramanathapuram, W.L.O.R.No.1 of 2026
...Respondent/Complainant
For Petitioner : Mr.S.Atham Ali Advocate.
For Respondent : Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in W.L.O.R.No.1 of 2026 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Chapter I Sections 2(14), 2(16)(a), 2(16)(b), 2(16)(c), Part III Sec 9, Chapter V Sec 39(1)(a), 39(1)(d), 39(3)(b), 39(3)(c), 1/5
Chapter VI Sec 50, 51(1) Section 57 of Wild Life Protection Act, 1972, (2022) Amendment), in W.L.O.R.No.1 of 2026, on the file of the respondent, seeks anticipatory bail.
2. The case of the prosecution is that on 10.02.2026 the accused person cooked sea cucumber and on seeing the officials he ran away from that spot. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. On the basis of the confession of the co-accused this petitioner was implicated. Hence, he prays to grant Anticipatory Bail to the petitioner.
4. The learned Government Advocate (Crl. Side) submits that offences are grave in nature and investigation is pending, further, the petitioner has 3previous cases. He opposes to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record. 2/5
6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and considering the fact that though the petitioner has 3 previous case, they are not similar in nature and he has got bail in all those cases and also considering the co-accused has been arrested and released on bail and on his confession, the petitioner was allegedly implicated, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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, Thiruvadanai, Ramanathapuram District, and on further conditions that:
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days, thereafter, as and when required for interrogation:
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
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[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
(P D B J) 30.03.2026 TM To 1.The Judicial Magistrate, Thiruvadanai, Ramanathapuram District. 2.The Forest Officer, W.L.C.C.(Wildlife Crime Central Bureau), Ramanathapuram.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J.
TM
ORDER
IN CRL OP(MD) No. 6267 of 2026 Date : 30.03.2026 5/5