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Madras High CourtCRL OP(MD)/23571/2025granted

Siva Sivalingam v. The State Of Tamil Nadu Rep.By,

2025-12-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.23571 of 2025 V.Siva@Sivalingam

...Petitioner

Vs The State of Tamilnadu, The Forest Ranger Officer, Oddanchatram Forest Range Office, Oddanchatram, Dindigul Division, Dindigul District.

(W.L.O.R No.11 of 2025) ...Respondent For Petitioner : Mr.C.Saravanakumar For Respondent : 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.11 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(16), 9, 39, 50, 51, 52 and 57 of Wildlife (Protection) Amendment Act 2022 in W.L.O.R No.11 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the Tamil Nadu Forest Department filed a case alleging illegal hunting of two female wild pigs, classified under Schedule-II of the Wildlife (Protection) Act, 1972, using country-made explosive devices known as Avuttukkai. Al was apprehended on 16.11.2025, and based on his alleged confession, another dead wild pig was located near the residence of this petitioner/A3. The prosecution further alleges involvement of other accused in the said occurrence. Hence, a case has been registered as against the petitioners.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, the Accused Nos.1, 2 and 4 were arrested and remanded and thereafter, released on bail.

5.The specific overt act against the petitioner is that the petitioner has used country device to kill the forest animals. Considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Learned Judicial Magistrate, Oddanchatram, Dindigul District, within a period of fifteen days from the date on which the order copy made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. 3/6

[b]the petitioner shall report before the respondent Forest Range Officer daily at 10.30 a.m. and 05.30 p.m., for a period of two weeks and thereafter, as and when required.

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

[d]the 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 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 of BNS.

18.12.2025 TMG 4/6

TO 1.Judicial Magistrate, Oddanchatram, Dindigul District.

2.The Forest Ranger Officer, Oddanchatram Forest Range Office, Oddanchatram, Dindigul Division, Dindigul District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.23571 of 2025 Date : 18.12.2025 6/6