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Madras High CourtCRL OP(MD)/23192/2025granted

Dineshkumar v. The State Of Tamil Nadu

2026-01-22Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Dineshkumar ... Petitioner/Accused Vs State of Tamilnadu Rep by The District Forest Officer, District Forest Office Sivagangai, Sivagangai District.

W.L.O.R.No. 18 of 2025. ... Respondent/Complainant For Petitioner : Mr. R.Balamuruganantham, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner/ Accused on bail in connection with the case in W.L.O.R.No. 18 of 2025 pending on the file of the respondent police and thus render justice.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 29.11.2025 for the offences punishable under Sections 49A, 49B, 50, 51 of Wild Life Protection Act 1972, in WLOR.No.18 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein along with other accused was found in illegal possession of one set of elephant ivory for purpose of sale and the same have been recovered. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that co-accused had already been granted bail by this Court in Crl.OP(MD).No.23659 and 23951 of 2025 dated 12.01.2026. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 29.11.2025. Hence, he seeks bail to the 2/6

petitioner.

4. The learned Additional Public Prosecutor would submit that the offence committed by the petitioner is serious in nature and the investigation of the case is pending and hence, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and that the property has been recovered and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: :

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate Court No.I, Sivagangai, Sivagangai District and on further conditions that :- [a] 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 3/6

to ensure their identity.

[b] the petitioner shall appear before the respondent police daily at 10.00 am until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 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.

(S S Y J) 22.01.2026 msrm 4/6

To

1. The Judicial Magistrate Court No.I, Sivagangai.

2. The Superintendent, Sub Jail, Sivgangai.

3. The District Forest Officer,, District Forest Office Sivagangai, Sivagangai District.

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

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S.SRIMATHY,J msrm

ORDER

IN CRL OP(MD) No.23192 of 2025 Date : 22/01/2026 6/6