Madras High CourtCRL OP(MD)/7316/2026partly allowed

Mohaideen Meerasa v. State Of Tamil Nadu Rep. By,

2026-04-15Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7316 of 2026 1.Mohideen Meerasa 2.Nazar @ Al Nazar 3.Abdullah 4.Riyas @ Al Riyaskhan ... Petitioners Vs State of Tamil Nadu rep. by The Forest Ranger, Forest Range Mandapam, Ramanathapuram District.

(W.L.O.R.No.9 of 2026)

...Respondent/Complainant

For Petitioners : Mr.K.Yasar Arafath 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.9 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for 1/6

the offences punishable under Sections 9, 39(1), (a)(b)(d), 39(3)(a)(b)(c), 40(2), 50, 51(1), 52 and 57 of Wild Life Protection Act, 1972, Amendment Act, 2022, in W.L.O.R.No.9 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that on secret information, the respondent officials went to the scene of occurrence, where the accused persons are in illegal possession of 3.45 kgs. of boiled sea cucumber. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The first petitioner is fisher man. The boiled sea cucumbers are seized from the first petitioner's house. The other accused persons are accompanied with him. The first petitioner has four previous case similar in nature. Hence, he opposed the grant of anticipatory bail to the petitioners. The investigation is also still pending. 2/6

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 petitioners, as per the prosecution, the materials were recovered from the first petitioner, who is A1, investigation is in initial stage, I am declined to grant anticipatory bail to the first petitioner. Hence, this petition stands dismissed in respect of first petitioner. 7.In respect of other petitioners, considering the fact that no material has been recovered from them, they are only persons near the place of occurrence, i.e., hours of the first petitioner, no previous cases against the other petitioners and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners 2 to 4, subject to the following conditions:

[a] Accordingly, the petitioners 2 to 4 are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Rameshwaram, Ramanathapuram District and on 3/6

further conditions that:

[b] the petitioners 2 to 4 shall report before the respondent police at 10.30 p.m., on every Saturday for a period of four weeks, thereafter, as and when required for interrogation; [c] the petitioners 2 to 4 shall not commit any offences of similar nature.

[d] the petitioners 2 to 4 shall not abscond either during investigation or trial.

[e] the petitioners 2 to 4 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 petitioners 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners 2 to 4 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) 15.04.2026 4/6

TM To 1.The Judicial Magistrate, Rameshwaram, Ramanathapuram District. 2.The Forest Ranger, Forest Range Mandapam, Ramanathapuram District.

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

5/6

P. DHANABAL, J.

ORDER

IN CRL OP(MD) No. 7316 of 2026 Date : 15.04.2026 6/6