Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 BAIL APPL. NO. 3084 OF 2023 CRIME NO.RO 4/2023 OF Munnar Forest Range Office, Idukki AGAINST THE ORDER/JUDGMENT DATED IN OTHERS NO.4 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, DEVIKULAM PETITIONER/ACCUSED NO.4: PREM @ GEORGE PREMKUMAR, AGED 40 YEARS ROSE COTTAGE, SETTLEMENT COLONY, MUNNAR.P.O, DEVIKULAM,IDUKKI DISTRICT, PIN - 685612 BY ADVS. SOORAJ T.ELENJICKAL HELEN P.A. RENOY VINCENT ARUN ROY SHAHIR SHOWKATH ALI STEPHANIE SHARON RESPONDENT/COMPLAINANT: STATE OF KERALA, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM (O.R.NO.4/2023 OF MUNNAR FOREST RANGE, IDUKKI DISTRICT), PIN - BY ADV PUBLIC PROSECUTOR
OTHER PRESENT: sr pp sri c s hrithwik THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 5th day of April, 2024
ORDER
The application is filed under Section 438 of the Code of Criminal Procedure,1973, for an order of pre- arrest bail.
2. The petitioner is the fourth accused in the O.R.
No.4/2023 of the Munnar Forest Range, Idukki, registered against the accused (four in number) for allegedly committing the offences punishable under Sections 2(32), 39(1)(a)(b)(d), 3(a)(b), 50 and 51(1) of the Wild Life (Protection) Act, 1972.
3. When the bail application came up for
consideration on 18.03.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within two days from the date of order and subject himself for interrogation.
4. Heard; Sri. Sooraj Thomas, the learned counsel -:3:- appearing for the petitioner and Sri C.S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondent.
5. Today, when the bail application was taken up
for hearing, the learned Public Prosecutor submitted that the petitioner had appeared before the Investigating Officer and his interrogation was completed on 26.03.2024. The petitioner’s further presence is not required. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded. Resultantly, the bail application is disposed of by making the interim order dated 18.03.2024 absolute, subject to the following conditions:
(i) The petitioner shall co-operate with the investigation and make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs; -:4:-
(ii) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner;
(iii) The petitioner shall not get involved in any other offence while on bail.
(iv) The petitioner shall not leave India without the permission of the jurisdictional Court;
(v) In case of violation of any of the conditions
above, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.
(vii)Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down -:5:- by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]. Sd/- C.S.DIAS,JUDGE mus/05.04.24