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Madras High CourtCRL OP(MD)/6424/2026granted

Rahuman Khan v. The State Of Tamil Nadu Rep By

2026-04-09Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Rahuman Khan ... Petitioner/Accused No.1 Vs The State of Tamil Nadu Rep By, The Forest Ranger, Forest Range, Ramanathapuram District.

(WLOR.No.05/2025). ... Respondent/Complainant PRAYER :- To enlarge the petitioner bail in the event of his arrest by the respondent police in WLOR No.05 of 2025 on the file of the Forest Ranger, Forest Range, Ramanathapuram and thus render justice. For Petitioner : Mr.Anand R., Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 2(2), 2(11), 2(12A), 2(14), 2(24), 2(31), 2(36), 39(1)(b), 39(3), 40(2), 48(A), 50(1) (c),(3), 51(1) and 57 of Wild Life Protection Act, in Crime No.5 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 07.10.2025 at about 06.00 p.m, the respondent police were on patrol duty at Keelakarai Pannatar Street, he intercepted a two wheeler bearing Reg.No.TN-65_BW-831. On searching, they found two cut pieces of tusk. Based on the confession made from A3 to A5, a case has been registered against the petitioner for the aforesaid offences. Hence, this case.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent and has was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that no recovery was made from the petitioner and the co-accused were arrested and released on bail and based on the confession statement made by the co-accused, the petitioner was implicated in this case and no 2/6

previous case is pending against him. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent strongly opposed to grant anticipatory bail to the petitioner on the ground that the offence is grave in nature. However, he fairly conceded that no recovery was made from the petitioner and the co-accused were arrested and released on bail and no previous case is pending against him.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and no recovery was made from the petitioner and the alleged recovery made from A3 to A5 and they were arrested and released on bail and based on the confession statement made by the co-accused, the petitioner was implicated and no previous case is pending against the petitioner, subject to the following conditions:

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[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 Judicial Magistrate Court No.I, Ramanathapuram, and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m until further orders. [c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[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 4/6

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.

09.04.2026 dss To 1.The Judicial Magistrate Court No.I, Ramanathapuram.

2.The Forest Ranger, Forest Range, Ramanathapuram District.

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

P. DHANABAL,J DSS 5/6

ORDER

IN CRL OP(MD) No.6424 of 2026 Date : 09/04/2026 6/6