Eswaran vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 05.05.2026 for the offences punishable under Sections 2(1), 2(14), 2(16), 2(20), 2(36), 2(37), 9, 39, 44, 49(A), 49(B), 50, 51 & 57 of Wildlife Protection Act, 1972 in Crime No. 3 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 04.05.2026 at about 09.30 a.m., while the defacto complainant and the forest officials were on patrol duty, the petitioner and the other accused persons were found unlawful possession of deer meat. Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the property was not recovered from the petitioner and he was arrayed as an accused based on the confession of co-accused. The petitioner has been arrested and remanded to judicial custody on 05.05.2026. Therefore, prayed to grant bail for the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the accused persons were found in possession of Deer meat. The petitioner has no previous cases in his credit. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, the nature of the offence and the fact that the alleged property was not recovered from the petitioner and he was arrayed as an accused based on the confession of co-accused and further considering the fact that co-accused were already enlarged on bail and the petitioner has no previous cases to his credit, as well as the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on condition to 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, Rajapalayam, Virudhunagar District, and on further conditions that:

[b] the petitioner shall report before the respondent police every Saturday at 10.30 a.m., for a period of four weeks, thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.