Crl.O.P.No.24105 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.09.2025 CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24105 of 2025 Kamal ... Petitioner Vs. State Rep. by: The Forest Range Officer, Danishpet. (WLOR No.3 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in WLOR.No.3 of 2025, on the file of the respondent. For Petitioner : Mr.C.Deepakkumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) O R D E R The petitioner, who was arrested and remanded to judicial custody on 26.07.2025, for the offence punishable under Sections 2(16), 2(35), 9, 39, 50, 52, 56, 57 and 51(I) of Wild Life Protection Act, in WLOR.No.3 of 2025, registered on the file of the respondent, seeks bail. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24105 of 2025 2. The case of the prosecution is that the petitioner, along with other accused was arrested by the respondent police for hunting flying foxes using a country made gun. 3. The learned Government Advocate (Crl.Side) submits that flying fox is an endangered species and no carcasses have been recovered from this petitioner, but only from the co-accused. 4. Considering the period of incarceration already undergone by the petitioner, the fact that the investigation is substantially over, and that the country made gun has also been seized, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail on his 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 No.II, Mettur, and on further conditions that: [a] the sureties shall affix their photographs and 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24105 of 2025 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 02.09.2025 drl 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24105 of 2025 Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1.The Judicial Magistrate No.II, Mettur. 2.The Forest Range Officer, Danishpet. 3.The Superintendent, Central Prison, Salem. 4.The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24105 of 2025 Dr.G.JAYACHANDRAN, J. drl Crl.O.P.No.24105 of 2025 02.09.2025 5/5 https://www.mhc.tn.gov.in/judis