Balamurugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR Balamurugan ... Petitioner/Accused-2 Vs State through the Forest Range Officer, Forest Range, Sivakasi, Virudhunagar District.

(in WLOR.No.02 of 2026) ... Respondent/Complainant For Petitioner : Mr.K.Navaneetharaja For Respondent : Mr.A.Albert James, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in WLOR.No.02/2026 on the file of the respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 05.05.2026 for the offences punishable under Sections 9, 39, 44 and 49(B) of the Wild Life Protection Act Schedule-I Part - Amended 2022, in WLOR.No.02 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 05.05.2026, on receipt of secret information, the Forest Range officials conducted a raid in the house belonging to the first accused, wherein, the petitioner was allegedly found in possession of one set of Elephant ivory worth about Rs.1.5 crores. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 05.05.2026. Therefore, prayed to grant bail for the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner was in illegal possession of elephant ivory worth about Rs.1.5 crores. He would further submit that the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence and no previous case is pending against the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 3/6

each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Srivilliputtur 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 offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[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 4/6

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 BNS.

(R V J) 20.05.2026 CSM TO

1. The Judicial Magistrate No.1, Srivilliputtur.

2. The Superintendent, District Jail, Virudhunagar.

3.The Forest Range Officer, Forest Range, Sivakasi, Virudhunagar District.

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

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R.VIJAYAKUMAR,J CSM

ORDER

IN CRL OP(MD) No.9554 of 2026 Date : 20/05/2026 6/6