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Madras High CourtCRL OP(MD)/11150/2026granted

Saravanan v. The State Of Tamilnadu, Rep. By

2026-06-16Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. Saravanan

2. Nagaraj ... Petitioners/Accused Vs The State of Tamilnadu, Rep., By, the Forest Ranger, Forest Range Mandapam, Ramanathapuram District.

(W.L.O.R. No. 15 of 2026).

... Respondent/Complainant For Petitioners : Mr.Yasar Arafath K, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioners on the bail in W.L.O.R. No.13 of 2026 on the file of the respondent Forest Ranger.

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ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 21.05.2026 for the offences punishable under Sections 9, 39(1)(a)(b)(d), 39(3)(a)(b)(c), 40(2), 50, 51(1), 52, 57 of Schedule I Part F 46, 48(A), 49(b), 50, 51 of Wild Life Protection Act, 1972, in WLOR No.15 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 21.05.2026, the defacto complainant, who is a Forest Ranger has found that the accused persons had illegal possession of sea cucumbers, weighing 32 kgs in plastic can, without valid permit. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. Already, the prosecution has recovered the property. The petitioners have been arrested and remanded to judicial custody on 2/6

21.05.2026. Therefore, prayed to grant bail for the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the first petitioner is having 3 previous cases and the second petitioner is not having any previous case. Considering the stage of investigation and the nature of grave offence, he strongly opposed to grant bail to the petitioners.

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 the fact that the prosecution has recovered the alleged property and also considering the fact that though the first petitioner has previous cases to his credit, he has got bail in the previous cases registered against him and the second petitioner has no previous cases to his credit and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: 3/6

[a] Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on 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 further conditions that:

[b] the petitioners shall report before the respondent daily at 05.00 p.m., for a period of thirty days, thereafter, as and when required for interrogation;

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

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

[e] the petitioners 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 4/6

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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.

(P D B J) 16.06.2026 PNM TO

1. The Judicial Magistrate, Rameshwaram, Ramanathapuram District.

2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Superintendent, District Jail, Ramanathapuram.

4. The Forest Ranger, Forest Range Mandapam, Ramanathapuram District.

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

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P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.11150 of 2026 Date : 16/06/2026 6/6