Dharshan Pragalath v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7119 of 2026 Dharshan Pragalath ... Petitioner Vs State of Tamil Nadu, Rep. by Forest Ranger, Forest Range, Ramanathapuram District.

(WLOR.No.05 of 2025)

...Respondent/Complainant

For Petitioner : Mr.R.Ilayaraja Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in WLOR.No.05 of 2025 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 Sections 2(2), 2(11), 2(12A), 2(14), 2(24), 2(31), 2(36), 39(1)(), 39(3), 40(2), 48(A), 50(1)(c)(3), 51(1) and 57 of Wild Life 1/6

Protection Act, 1972 and 2022, in WLOR.No.05 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 19.00 hours, when the police officials of Keelakarai Police Station, were on regular patrol, they intercepted the A3 and A4, who drove the two wheeler and found them they are carrying two tusks of elephant with an intention to sell the same for higher profits without obtaining any permission or license. Based on their confession statement other accused have been implicated in this case. From the police officials, the respondent took the custody of A3 to A5. And the respondent registered the FIR.

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. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. A3 and A4 were caught hold by the police officials, Keelakarai Police Station with the elephant tusks. Thereafter, on their 2/6

confession statement other accused persons were implicated. He opposed the grant of anticipatory bail to the petitioner. There is no previous case against the petitioner. However, there is no recovery from this petitioner. A3 and A4 were arrested and released on bail. A1 was also granted anticipatory bail.

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, there is no recovery from this petitioner and the tusk was recovered from A3 and A4 and they were arrested and released on bail, A1 was also granted anticipatory bail, there is no previous case against the petitioner and also considering all other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, 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 No.I, Ramanathapuram, and on further conditions that: [b] the petitioner shall report before the respondent, daily 3/6

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 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) 10.04.2026 TM To 1.The Judicial Magistrate No.I, Ramanathapuram. 4/6

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

(WLOR.No.05 of 2025) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 7119 of 2026 Date : 10.04.2026 6/6