Mukesh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD).No.14869 of 2025 Mukesh, S/o.Muthamilselvan, .. Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Forester, Alangaulam Range, Uthumalai West Beat, Alangualm, Tenkasi District.

(WLOR.No.3 of 2025) .. Respondent/Complainant For Petitioner :Mr.K.Muthurakkan Advocate For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in WLOR.No.3 of 2025 on the file of the Respondent Police.

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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 9, 39, 44, 52, 56, 57 of the Wild Life (Protection) Act, 1972 and Sections 7, 25(1) (a), 25(1)(b) of Indian Arms Act in WLOR.No.3 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons trespassed into the reserved forest area and hunted a spotted deer. The respondent police seized the carcass of the spotted deer and seized the weapons. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) would submit that this accused persons trespassed into the forest illegally and hunted deer. The respondent police seized the weapons. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, the respondent seized the entire properties, the occurrence was took place on 31.08.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions:

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his 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 Court, Alangulam on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Alangulam, and on further conditions that:

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(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; (b) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate Court, Alangulam. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court, Alangulam. (c) the petitioner shall appear and sign before the respondent police monthly twice i.e., on 1st and 16th day of every English Calender month 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;

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(f) on breach of any of the aforesaid 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

(S S Y J) 10.09.2025 gvn TO 1.The Judicial Magistrate, Alangulam, Tenkasi District.

2. The Forester, Alangualm Range, Uthumalai West Beat, Alangulam, Tenkasi District.

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

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S. SRIMATHY, J gvn

ORDER

IN CRL OP(MD) No.14869 of 2025 Dated : 10/09/2025 6/6