K.Gunaseelan Vs The State of Tamilnadu

The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 21(d)(e)(f), 1(a), 41, 49A, 49G, 51, 56A, 56B, 56D of Tamil Nadu Forest Act, 1882, in STOR No.1 of 2026, seek anticipatory bail.

¶21

The case of the prosecution is that the petitioners owned patta land situated near a reserved forest area. Accused Nos. 3 to 5 were found

¶22

in illegal possession of 43 rosewood logs, and upon enquiry, they confessed that they were working under the first petitioner. Hence, the complaint was filed.

¶23

The learned counsel appearing for the petitioners submitted that

¶24

2/6

¶25

https://www.mhc.tn.gov.in/judis

¶26

CRL OP(MD). No.3974 of 2026

¶27

the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

¶28

The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the injured has been discharged from the hospital.

¶29

According to the petitioners, they own patta land near the forest and had felled rosewood trees and stored them on their property. However, the respondents contend that the petitioners had felled rosewood trees belonging to the forest. Moreover, the prosecution has submitted that it possesses substantial material in support of its case. In such circumstances, custodial interrogation is not necessary. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioners.

¶30

Accordingly, this Petition is allowed and the petitioners are

¶31

ordered to be released on bail in the event of arrest or their appearance,

¶32

3/6

¶33

https://www.mhc.tn.gov.in/judis

¶34

CRL OP(MD). No.3974 of 2026

¶35

within a period of fifteen days from the date on which the order copy

¶36

made ready, before the learned Judicial Magistrate, Aathur, Dindigul District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

¶37

(a) the petitioners and the sureties shall affix their

¶38

photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

¶39

(b) the petitioners shall report before the respondent

¶40

police daily at 10.30 a.m until further orders;

¶41

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

¶42

(d) the petitioners shall not abscond either during investigation or trial;

¶43

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate

¶44

4/6

¶45

https://www.mhc.tn.gov.in/judis

¶46

CRL OP(MD). No.3974 of 2026

¶47

action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

¶48

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 24.02.2026

jbr

To