Raju v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18613 of 2025 1.Raju 2.Chinnakaruppan ... Petitioners/Accused Nos.3&6 Vs The State of Tamilnadu, Rep by the Forest Range Officer, Aundipatti FRO, Theni.

(WLOR No.04 of 2025) ... Respondent/Complainant For Petitioners : Mr.P.Senguttuarasan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.825 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 17.09.2025 for the offences punishable under Sections 2, 39, 40(1)(2), 49(A), 49(B)(1), 50, 51(1) and 57 of the Wild Life Protection (Amendment) Act, in Crime No. 825 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners and other accused are found in possession of 1 kg of Indian Pangolin scales and attempted to sell them. Therefore, the respondent police, Forest Range Officer arrested them. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 17.09.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the petitioners have no previous cases. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Aundipatti, and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further 3/6

orders;

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners 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 petitioner is 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

25.10.2025 PJL To

1. The Judicial Magistrate, Aundipatti.

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2. The Superintendent, District Prison, Theni.

3. The Forest Range Officer, Aundipatti FRO, Theni.

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

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S.SRIMATHY,J.

PJL

ORDER

IN CRL OP(MD) No.18613 of 2025 Date : 25.10.2025 6/6