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Madras High CourtCRL OP(MD)/20257/2025partly allowed

Vijay v. The State Of Tamilnadu Rep By, The Forest Ranger, Rajapalayam Forest Range,

2025-11-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Vijay 2.Selvam ... Petitioners/A1 & A4 Vs The State of Tamil Nadu Rep. by the Forest Range, Rajapalayam Forest Range, Mehamalai Tiger Sanctuary, Virudhunagar District.

(W.L.O.R. No.14 of 2025) ... Respondent/Complainant For Petitioners : Mr.D. Rajaboopathy For Respondent : Mr.E. Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in W.L.O.R.No.14/2025 on the file of the Forest Ranger, Rajapalayam Forest Range, Mehamalai Tiger Sanctuary, Virudhunagar District.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 2(1), 2(11), 2(14), 2(16), 2(20), 2(36), 2(37), 9, 39, 44, 49 A, 49 B, 50, 51, 52 & 57 of the Wild Life (Protection)Act,1972, in W.L.O.R. No.14 of 2025 on the file of the Forest Range, Rajapalayam Forest Range, Mehamalai Tiger Sanctuary, Virudhunagar District, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and other accused persons was found illegal possession of deer meat with A7 &A8. Upon seeing the forest officials, A7 & A8 tried to escape from the scene of occurrence and other accused ran away from the scene of occurrence. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offences as alleged by the prosecution, and they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he 2/6

seeks anticipatory bail for the petitioners.

4. The learned Additional Public Prosecutor submitted that A1 has no previous cases and A4 has two previous cases which are similar in nature. He further submitted that A7 & A8 were already arrested and released on bail. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that already A7 & A8 were arrested and released on bail, this Court is inclined to grant anticipatory bail to the the first petitioner/A1 alone, subject to certain conditions.

6. Accordingly, the 1st petitioner is ordered to be released on bail in the event of arrest or on their appearance, on condition that the 1st petitioner shall execute 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, Rajapalayam, Virudhunagar District, within a period of fifteen days from the date of 3/6

receipt of a copy of this order and on further conditions that: [a] the 1st 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 Aadhaar card or bank pass book to ensure their identity; [b] the 1st petitioner shall report before the respondent police daily at 10.30 a.m. until further orders; further, the 1st petitioner is strictly directed not do hunting hereafter, in case, any complaint is there regarding hunting in future as against him, the present anticipatory bail will automatically cancelled; [c] the 1st petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the 1st 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 1st petitioner in accordance with law as if the conditions have been imposed and the petitioners are released on bail by the learned 4/6

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

7. As far as the second petitioner/A4 is concerned, since he is having two previous cases which are similar in nature, this Criminal Original Petition is dismissed as against A4/2nd petitioner herein. 17.11.2025 PJL To 1.The Judicial Magistrate, Rajapalayam, Virudhunagar District 2.The Forest Ranger, Rajapalayam Forest Range, Mehamalai Tiger Sanctuary, Virudhunagar District.

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

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S.SRIMATHY,J PJL

ORDER

IN 17.11.2025 6/6