S.Sheik Mohamed v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28.08.2025 PRESENT THE HONONOURABLE MR.JUSTICE B.PUGALENDHI S.Sheik Mohamed ... Petitioner Vs The State of Tamilnadu Rep by the Inspector of Police, Tiruchirappalli Range, Tiruchirappalli District.

(W.L.O.R.No.6 of 2025) ... Respondent For Petitioner : Mr.K.Vinoharan For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNSS PRAYER :- For Anticipatory Bail in W.L.O.R.No.6 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 police 1/4

for the alleged offence punishable under Sections 44, 48(a), 49 & 51 of Wild Life Protection Act, 1972, in W.L.O.R.No.6 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 16.07.2025 at about 09.00 p.m., in Trichy Airport, the accused Nos.1 and 2 who were about to leave to Malaysia was caught with the contraband ie., Indian Star Tortoise (Testudinidae) numbering 403 in total. Based on the confession of A1, the petitioner was implicated in this case. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submits the petitioner is doing textile business at Chennai for the past 13 years and the accused person No.1 and 2 have already been arrested by the respondent and based on the confession of arrested accused, the petitioner was falsely implicated in this case and there is no material evidence collected from this petitioner.

Hence, he seeks anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.side) appearing for the respondent Police raised objection stating that the petitioner is the main person who committed offence through the accused persons 1 and 2 and the investigation is at initial stage Hence, he opposed for grant of anticipatory bail to the petitioner. 5.

apart from the confession statement, the respondent police have not collected any material evidence against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate VI, Tiruchirappalli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate VI, Tiruchirappalli, and on further conditions that: i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioner shall appear before the respondent police daily at 10.30 am for a period of 30 days and co-operate for the investigation. Further, the petitioner is directed to handover the mobile phone to the respondent police.

iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the 3/4

prosecution witnesses. The petitioner shall be available for the trial as well.

iv. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 28/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1.The Judicial Magistrate VI, Tiruchirappalli.

2. The Inspector of Police, Tiruchirappalli Range, Tiruchirappalli District.

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

+1 CC to M/s.K.VINOHARAN, Advocate ( SR-9258[I] dated 28/08/2025 )

ORDER

IN CRL OP(MD) No.14206 of 2025 Date :28/08/2025 HPS/10.09.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4