Dhanasekar And Others vs State

C.Kumarappan, J

The petitioners, who were arrested and remanded to judicial custody on 18.03.2026 for the alleged offences under Sections 9, 39(1), 50(1)(b)(c) and 51 of the Wildlife (Protection) Act, 1972, Sections 9B(1)(a)(b) and 13 of the Explosives Act, Section 5 of the Explosive Substances Act and Sections d and h of the TNFA Vth Act 21 of 1882, in WLOR No.2 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found in possession of 43 country-made bombs while roaming in a forest area. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 18.03.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner has no adverse antecedents. He further submitted that the petitioner was found in possession of 43 country-made bombs and other explosive substances, which, according to the prosecution, were intended for hunting purposes, and that a substantial portion of the investigation has already been completed.

Considering the above facts and circumstances of the case, the period of incarceration undergone by the petitioner, the fact that the petitioner has no bad antecedents, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham, Vellore District and subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioners shall report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.