← Library
Madras High CourtCRL OP(MD)/14647/2025granted

Ponraj v. The State Of Tamil Nadu

2025-09-08Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14647 of 2025 1.M.Ponraj 2.Thangaraj ..Petitioners/ Accused Nos.2 & 3 Vs State Of Tamilnadu, Rep By The Forest Range Officer, Srivilliputhur Forest Department, Srivilliputhur.

(WLOR No.12 of 2025) Respondent(s) For Petitioner(s):

Mr.G.Karuppasamypandiyan For Respondent(s):

Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in WLOR No.12 of 2025 on the file of the respondent-Forest Range Officer. 1/8

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 51(2) of the Wild Life Protection Act, 1972 (2022 Amendment) and Section 25(1)(A) of the Arms Act, 1959, in WLOR No.12 of 2025 on the file of the respondent, seek anticipatory bail.

2. The case of the prosecution is that on 24.08.2025, at about 1.00 a.m., when the respondent was on patrol duty, the petitioners and other accused persons attempted to hunt deer by using country made gun. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further 2/8

submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the first petitioner has four previous cases and the second petitioner has one previous case are similar in nature. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

3/8

6. Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Srivilliputhur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Srivilliputhur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain 4/8

a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Srivilliputhur. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate No.II, Srivilliputhur;

(c) the first petitioner shall stay at Trichy and the first petitioner shall appear and sign before the Inspector of Police, Cantonment Police Station, Trichy, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and the second petitioner shall stay at Ramanathapuram and the second petitioner shall appear and sign before 5/8

the Inspector of Police, Ramnad Police Station, Ramnad, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and the petitioners shall cooperate with the investigation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned 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 6/8

Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;

(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

08.09.2025 vsg To 1.The learned Judicial Magistrate No.II, Srivilliputhur.

2. The Forest Range Officer, Srivilliputhur Forest Department, Srivilliputhur.

3.The Inspector of Police, Cantonment Police Station, Trichy.

4.The Inspector of Police, Ramnad Police Station, Ramnad.

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

7/8

S.SRIMATHY.J., vsg Crl.O.P.(MD).No.14647 of 2025 Date : 08.09.2025 8/8