T.B.S.S.C.S.Vadamalaiarajaya Pandiyan @ Ramesh Pandian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17433 of 2025 T.B.S.S.C.S.Vadamalaiarajaya Pandiyan @ Ramesh Pandiyan ... Petitioner/ Accused No. 1 Vs The State of Tamilnadu, Rep by the Forest Range Officer, Office of the Forest Range Officer, K.Pudur, Madurai.

(W.L.O.R.No.7 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Thirunavukkarasu for Mr.M.Manikandan For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in W.L.O.R.No.7 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 2 (1) (2) (5)

(11) (12B) (14) (15) (17) (18) (19) (23) (24A) (25B) (30) (31)(32) (36)

(37) 57 and Sections 39, 40, 42, 44(1)(a), 47, 48, 49, 50, 51(1), 52, 55, 56, 57 of the Wildlife (Protection) Act, 1972,in W.L.O.R.No.7 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were in possession of Elephant Ivory (Tusk) in their car. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the 2/6

respondent Police submits that the petitioner and the other accused persons were in possession of Elephant Ivory (Tusk) in their car. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. According to the petitioner, his family has been in possession of the ivory traditionally, and to that effect, he has also given a statement before the respondent authorities. The only lapse on the part of the petitioner is that he has not obtained the required licence for possessing the same. The petitioner undertakes to apply for and obtain the necessary licence as per law. With this observation, the interim order already granted by this Court is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or 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 No.VI, Madurai, 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 3/6

like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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;

(b) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. The petitioner is restrained from selling the elephant tusk;

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

(e) 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 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 4/6

Kerala [(2005) AIR SCW 5560]; and;

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

(S S Y J) 31.10.2025 jbr NOTE: Issue order copy on 04.11.2025 To

1. The Judicial Magistrate Court No.VI, Madurai.

2. The Forest Range Officer, Office of the Forest Range Officer, K.Pudur, Madurai.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.17433 of 2025 Date : 31.10.2025 6/6