Eswaran v. The State Of Tamilnadu, Rep. By The Forest Range Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY Eswaran ... Petitioner /Accused No.1 Vs The State of Tamil Nadu, Rep By The Forest Range Officer, Uthamapalayam at Kombai, Theni District.

(S.T.O.R.No.1 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Arputharaj, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in S.T.O.R.No.1 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 2, 3, 7, 10 of Timber Transit Rules, 1958 and Sections 55(3b) and 35(b) of the Tamil Nadu Forest (Amendment) Act, 1992 in S.T.O.R.No.1 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A2 drove the tractor without number plate and carrying the small size sandal wood sticks, at that time, the Forest Range Officer, Uthamapalayam was on checking and found that without valid license, the petitioner had transported the sandal wood stick. A1/petitioner is the owner of the property. 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 prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner has one previous case and the specific overt act against the petitioner is that the petitioner had cut down the timber tree without getting any permission from the concerned forest officer. He further submitted that A2 was already arrested and released on bail. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that A2 was arrested and released on bail, and inspite of the petitioner is having one previous case, this Court is inclined to grant anticipatory bail to the petitioner by imposing cost upon the petitioner and with certain stringent conditions.

6. Accordingly, 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, Bodinayakkanur, Theni District, 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 3/6

of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Bodinayakkanur, Theni District failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty thousand only) to the credit of Headmaster, Masathiyar Corporation Higher Secondary School, PTA Fund Savings Bank A/c.1833321714, Central Bank of India, South Gate Branch, Madurai- 625 001; MICR-625016004, IFSC Code:IFSC-CBINO281503; and on such deposit being made, the learned Magistrate shall accept the sureties;

(c) the petitioner shall report before the respondent police as and when required for interrogation; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during 4/6

investigation or trial;

(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. 24.11.2025 PJL To

1. The Judicial Magistrate, Bodinayakkanur, Theni District. 2.The Forest Range Officer, Uthamapalayam, at Kombai, Theni District.

3.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.21240 of 2025 Date : 24.11.2025 6/6