Gowcik v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14706 of 2025 Gowcik ..Petitioner/ Accused No.2 Vs State Of Tamilnadu, Rep By The Forest Range Officer, Cumbum West FRO, Theni District.

(WLOR No.1 of 2025) Respondent(s) For Petitioner(s):

Mr.R.Rajamohan 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.1 of 2025 on the file of the Respondent.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(1), 2(2), 2(16), 9, 12(a), 24, 36, 37, 39, 42, 44, 50, 51, 52, 56 and 57 of the Wild Life Protection Act, in WLOR No.1 of 2025 on the file of the respondent, seeks anticipatory bail.

2. The case of the prosecution is that on 26.01.2025, at about 07.00 a.m., the respondent/Forest Officer found that the petitioner and other accused person hunted the deer and they were in possession of carcass deer. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as 2/8

alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are no previous cases pending against the petitioner and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there are no previous cases pending against the petitioner and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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6. Accordingly, this 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, Uthamapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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, Uthamapalayam, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Uthamapalayam. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Uthamapalayam; (c) the petitioner shall appear and sign before the respondent Forest Range Officer daily at 10.30 a.m., until further orders;

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

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

(f) on breach of any of the aforesaid 5/8

conditions, the learned 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 as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;

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

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To 1.The learned Judicial Magistrate, Uthamapalayam.

2. The Forest Range Officer, Cumbum West FRO, Theni District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.14706 of 2025 Date : 08.09.2025 8/8