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CRL OP No. 18619 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18619 of 2026 U.Mathai ..Petitioner Vs Forest Range Officer Gudalur Forest Range, Nilgiris District, Tamil Nadu – 643 211. [Crime No.7 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of his arrest in Crime No.07 of 2026 on the file of the respondent. For Petitioner: Mr.L.Uthayakumar For Respondent: Mr.N.Palanivel Government Advocate (Criminal side)
ORDER The petitioner apprehends arrest for the alleged offence under Section 51(1) of Wild Life Protection Act, 1972 in Crime No.07 of 2026 on the file of the respondent seeks anticipatory bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 18619 of 2026 __________ Page2 of 5
2. The case of the prosecution is that the petitioner erected an electric fence, as a result of which an elephant died. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is 76 years old senior citizen who is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted the petitioner has no adverse antecedents. However, he strongly opposed the grant of anticipatory bail to the petitioner on the ground that an elephant died due to the petitioner's careless attitude.
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side and perused the materials available on record. 6. Considering the submissions made by the learned Government Advocate (Criminal Side) that there are no adverse antecedents against the petitioner, and taking into account that the petitioner is a 76-year-old senior citizen, this Court, on humanitarian grounds and despite the gravity of the https://www.mhc.tn.gov.in/judis
CRL OP No. 18619 of 2026 __________ Page3 of 5 offence, is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate at Gudalur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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 identify proofs to ensure their identity; (c) The petitioner shall report before the respondent Police, daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation; https://www.mhc.tn.gov.in/judis
CRL OP No. 18619 of 2026 __________ Page4 of 5 (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 27-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VEDA To 1.Judicial Magistrate at Gudalur. 2.Forest Range Officer Gudalur Forest Range, Nilgiris District, Tamil Nadu – 643 211. 3.The Public Prosecutor, High Court of Madras.
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CRL OP No. 18619 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. VEDA CRL OP No. 18619 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis