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Ali P vs State of Kerala

ALI P vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 29, 2022
~3 min read
https://sooperkanoon.com/case/1473569

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./3161/2022

Parties & Advocates

Appellant / Petitioner

ALI P

Respondent

State of Kerala

Excerpt

.....as accused nos.5 and 6 in crimeno.12 of 2021 of pattikkad forest range office, thrissur registered alleging commission of offences punishable under sections 2(16), 2(32), 9, 39(1)(a)(b)(d), (3)(a)(b)(c), 50, 51(1) and 57 of wildlife (protection) act, 1972 and sections 7, 24 and 55 of the biological diversity act, 2002.3. prosecution allegation is that on 09.07.2021 accused 1 to 3were found in unauthorised possession of 'ambergris' and they were apprehended by the forest officials near to one kajah resort while they were engaged in its sale and thus committed the abovesaid offences.4. it is the case of the petitioners that accused 1 to 3 are alreadyarrested and granted bail by this court as per annexure-4 order. the alleged contraband was also recovered by the prosecution. though the petitioners moved bail applications before the sessions court, thrissur, the same was dismissed in two occasions as per annexures-1 and 2. it is only because of the reason that the 1st petitioner is brother of the 2nd accused that he has been arrayed as an accused. he is totally innocent of the allegations levelled against him. ba no.3161 of 2022 35. the application for bail is vehementally opposed by thelearned public prosecutor and contended that article seized by the forest officials is of an endangerd species and is very costly in the market. it is further submitted that the source of receipt of the article is yet to be revealed and therefore custodial interrogation of the petitioners is absolutely necessary in the matter.6. further aspect to be noted is that earlier the petitioner movedanticipatory bail application before the sessions court, thrissur which has rejected as per annexure-1 order and later bail application moved before this court has also rejected as per annexure-3. i do not find any change in circumstance so as to entertain the present application for bail. taking into consideration all these aspects, i feel that this is not a fit case to grant.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944 BAIL APPL. NO. 3161 OF 2022 CRIME NO.12/2021 OF PATTIKKAD FOREST RANGE OFFICE, THRISSUR PETITIONERS/ACCUSED NO.5 & 6: 1 ALI P AGED 51 YEARS S/O. KUNCHI MUHAMMED HAJI P, PUTHUTHOTTIL HOUSE, SOUTH ANNARA, TIRUR, MALAPPURAM DISTRICT., PIN - 676101 2 MUNSHAR AGED 39 YEARS S.O. ABDUL KHADAR, RAYAMMARAKAR VEETTIL, THRITHALLUR WEST, VADANAPPALLY, CHAVAKKAD, THRISSUR DISTRICT; NOW RESIDING AT EDAKAZHIYUR, NEAR SINGAPORE PALACE, WEST BEACH ROAD, THRISSUR DISTRICT., PIN - 680515 BY ADVS. P.T.SHEEJISH V.MAHENDRANATH RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.3161 of 2022 2

VIJU ABRAHAM, J.

B.A. No.3161 of 2022 Dated this the 29th day of June, 2022

ORDER

This is an application for anticipatory bail.

2. Petitioners are arrayed as accused Nos.5 and 6 in Crime

No.12 of 2021 of Pattikkad Forest Range Office, Thrissur registered alleging commission of offences punishable under Sections 2(16), 2(32), 9, 39(1)(a)(b)(d), (3)(a)(b)(c), 50, 51(1) and 57 of Wildlife (Protection) Act, 1972 and Sections 7, 24 and 55 of the Biological Diversity Act, 2002.

3. Prosecution allegation is that on 09.07.2021 accused 1 to 3

were found in unauthorised possession of 'ambergris' and they were apprehended by the forest officials near to one Kajah resort while they were engaged in its sale and thus committed the abovesaid offences.

4. It is the case of the petitioners that accused 1 to 3 are already

arrested and granted bail by this Court as per Annexure-4 order. The alleged contraband was also recovered by the prosecution. Though the petitioners moved bail applications before the Sessions Court, Thrissur, the same was dismissed in two occasions as per Annexures-1 and 2. It is only because of the reason that the 1st petitioner is brother of the 2nd accused that he has been arrayed as an accused. He is totally innocent of the allegations levelled against him. BA No.3161 of 2022 3

5. The application for bail is vehementally opposed by the

learned Public Prosecutor and contended that article seized by the forest officials is of an endangerd species and is very costly in the market. It is further submitted that the source of receipt of the article is yet to be revealed and therefore custodial interrogation of the petitioners is absolutely necessary in the matter.

6. Further aspect to be noted is that earlier the petitioner moved

anticipatory bail application before the Sessions Court, Thrissur which has rejected as per Annexure-1 order and later bail application moved before this Court has also rejected as per Annexure-3. I do not find any change in circumstance so as to entertain the present application for bail. Taking into consideration all these aspects, I feel that this is not a fit case to grant anticipatory bail. It is for the petitioners to surrender and seek for bail. Sd/- VIJU ABRAHAM JUDGE cks BA No.3161 of 2022 4 APPENDIX OF BAIL APPL. 3161/2022 PETITIONER ANNEXURES

Annexure1                TRUE COPY OF THE ORDER IN CRL.M.C. NO.
Annexure2                TRUE COPY OF THE ORDER IN CRL.M.C. NO.
Annexure3                TRUE COPY OF THE ORDER IN BAIL APPLICATION

NO. 7080/2021 DATED 16.11.2021. Annexure4 THE TRUE COPY OF THE JUDGMENT IN BAIL Annexure5 TRUE COPY OF THE CUSTODY APPLICATION OF ACCUSED 1 TO 3 IN OR 12 / 2021 DATED 14.7.2021. Annexure6 THE TRUE COPY OF THE JUDGMENT IN BAIL

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