Jebakumar v. The State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 18309 of 2025 Jebakumar ..Petitioner/Accused No.2 Vs State Of Tamilnadu, Rep By The Forest Range Officer, Thiruchendur, Thoothukudi District.

(W.L.O.R.No.04 of 2025) Respondent(s) For Petitioner(s):

Mr.T.A.Ebenezer For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in W.L.O.R.No.04 of 2025 on the file of the Respondent-Forest Range Officer.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent-Forest Range Officer for the offences punishable under Sections 2(16), 2(36), 9, 39(1a), 39(1b), 39(3), 50 and 51(1) of Wildlife Protection Act, 1972, in W.L.O.R.No.04 of 2025, on the file of the respondent-Forest Range Officer, seeks anticipatory bail.

2. The case of the prosecution is that on 04.10.2025, at about 04.00 p.m., the petitioner along with other two accused hunted a peacock with an air-gun and cooked the meat. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the 2/8

prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. He further submitted that co-accused was already granted anticipatory bail by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that the the offences committed by the petitioner are serious in nature and the air-gun belongs to the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the specific overt act attributed against the petitioner is that he used the air gun for hunting and the co-accused has already been granted anticipatory bail, this Court is inclined to grant anticipatory bail to 3/8

the petitioner, with certain conditions.

6. Accordingly, the petitioner shall surrender his air-gun before the concerned authority. On such surrender, 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 on which the order copy made ready, before the learned Judicial Magistrate, Thiruchendur, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Thiruchendur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 mobile number to the learned Judicial Magistrate, Thiruchendur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Thiruchendur;

(c)the petitioner shall report 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;

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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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

23.10.2025 vsg 6/8

To 1.The learned Judicial Magistrate, Thiruchendur.

2. The Forest Range Officer, Thiruchendur, Thoothukudi 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.18309 of 2025 Date : 23.10.2025 8/8