Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 BAIL APPL. NO. 10219 OF 2023 O.R.No..1/2023 OF Kumavurutty Model Forest Station, Achenkovil Range, Kollam PETITIONERS/ACCUSED NOS.4 AND 5 1 ANEESH, AGED 34 YEARS S/O VIJAYAN, ANEESH BHAVAN, ACHANKOVIL P.O, KOLLAM, PIN - 689696 2 KUNJUMON, AGED 49 YEARS S/O PATHROSE, BLOCK NO.3, ACHANKOVIL P O, KOLLAM., PIN - 689696 BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL P.RAJKUMAR KESHAVRAJ NAIR ARUN POOMULLI PREETHA S CHANDRAN ABHIJITH SREEKUMAR ANAND REMESH ABHIRAM.S. C.R.REKHA RESPONDENT STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY SMT. T.V. NEEMA SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicants are the accused Nos.4 and 5 in
O.R.No.1/2023 of Kumbavurutty Model Forest Station, Achenkovil Range, Kollam. The offences alleged are punishable under Sections 2(16)(c), 9, 39 and 51 of the
Wildlfe Protection Act, 1972.
3. The prosecution case, in short, is that on
13.09.2023, the forest officials found a sack containing elephant tusk on the bank of Achankovil River in Konni Reserve Forest. O.R. was registered and on investigation, it was revealed that the accused collected the elephant tusk and fang from a dead elephant found near Channakka Stream at Kumbhavurutty Model Forest Station, concealed the same for the purpose of sale and thereby the accused committed the aforesaid offences.
4. I have heard Sri.Renjith B. Marar, the learned counsel for the applicants and Smt.T.V. Neema, the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.
6. The applicants were remanded to judicial custody
on 16.09.2023 and since then, they are in judicial custody. The specific allegation against accused No.5 is that accused No.1 gave him the ivory for trading. The specific allegation against accused No.4 is that he helped accused No.5 in transporting the ivory to the hidden place. There is no recovery from the possession of the applicants. Even according to the prosecution case, some of Pangolin scales were also seized from near the house of accused No.5. The investigation is almost over. The recovery has been effected. It is submitted by the learned counsel for the applicants that the remaining accused are on bail.
For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail. In the result, the application is allowed on the following conditions: -
(i) The applicants shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the investigation.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.
(iv) The applicants shall not commit any offence of a like nature while on bail.
(v) The applicants shall not attempt to contact any of
the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/- DR. KAUSER EDAPPAGATH JUDGE smm APPENDIX OF BAIL APPL. 10219/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE OR NO. 1 OF 2023 OF THE KALLAR RANGE FOREST STATION ALONG WITH THE MAHAZAR DATED 13.09.2023 Annexure A2 A TRUE COPY OF THE OF THE REMAND APPLICATION DATED 17.09.2023 Annexure A3 A TRUE COPY OF THE OR NO. 1/2023 ALONG WITH THE REMAND APPLICATION DATED 19.09.2023 OF KUMBAVARUTTY MODEL FOREST STATION Annexure A4 A TRUE COPY OF THE APPLICATION FOR THE FOREST CUSTODY OF THE ACCUSED DATED 26.09.2023 Annexure A5 A TRUE COPY OF THE MEDICAL RECORDS OF THE ACCUSED NO. 5 Annexure A6 A TRUE COPY OF THE ORDER DATED 09.10.2023 IN CMP NO. 6364 OF 2023 Annexure A7 A TRUE COPY OF THE ORDER DATED 08.11.2023 IN CRL. M. C. NO. 2306 OF