Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944 BAIL APPL. NO. 6680 OF 2022 PETITIONER/ACCUSED NOS. 3 AND 4 (AS PER CONFESSION STATEMENT OF ACCUSED NO.1): 1 ANSAL.E AGED 31 YEARS S/O ELLIAS KUNJU, RESIDING AT ANSIYA MANZIL, THENOOR, THENOOR.P.O, PERINGAMALA, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - 695563 2 SHAN M.S AGED 30 YEARS S/O SHARAFUDEEN, RESIDING AT THADATHARIKATHU VEEDU, THENOOR, THENOOR.P.O, PERINGAMALA, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695563 BY ADVS. J.R.PREM NAVAZ SUMEEN S. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, KOCHIN, PIN - 682031 2 FOREST RANGE OFFICER PALODE FOREST RANGE, THIRUVANANTHAPURAM DISTRICT, PIN - BY ADVS. PUBLIC PROSECUTOR SRI.M.P.PRAKASH,SPL.GP FOR FOREST
OTHER PRESENT: PP - NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.11.2022, ALONG WITH Bail Appl..6698/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, BAIL APPL. NO. 6698 OF 2022 PETITIONER/ACCUSED NO.2: SHAMJEER AGED 32 YEARS S/O SAINUDHEEN. A, T.P.HOUSE, KOCHUKARIKKAKAM, DAIVAPURA, NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695563 BY ADV M.R.SASITH RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 FOREST RANGE OFFICER PALODE RANGE, THIRUVANANTHAPURAM, PIN - 69552 BY ADV PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.11.2022, ALONG WITH Bail Appl..6680/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM , J.
=========================== ============================ Dated this the 10th day of November, 2022
ORDER
These are applications for anticipatory bail B.A. No. 6680/2022 is filed by the accused Nos. 3 and 4 whereas B.A. No. and 6698/2022 is filed by the 2 nd accused in OR. No. 21/2022 of Palode Forest Range, Thiruvananthapuram District, alleging commission of the offences punishable under Sections 2(16), 9, 39(1)(2)(3), 42 and 51 of the Wildlife Protection Act, 1972.
3. The prosecution allegation is as follows: On 09/08/2022,
the section staffs of Palode Forest Range as per a secret information, found a redsandbow snake (comes under Schedule - IV of The Wildlife Protection Act, 1972) from the compost tank, near to the house of one MR. Shafeer Khan, at Kochukarikkakam brigde, Palode. The same has been handed over by the petitioner along with one Ansar and Shan to the 1 st accused for rearing and the same has been purchased from another person and the petitioner along with the other accused constructed a cage to rear the snake and thereby the accused have committed the alleged offence.
4. The petitioners submitted that they have been falsely
implicated in the above said crime and that they have no other criminal antecedents. When the matter came for consideration in an earlier occasion, this Court has granted interim bail to the petitioners on condition that petitioners shall fully co-operate with the investigation.
5. The learned Public Prosecutor upon instructions submitted that petitioners have appeared before the Investigating Officer and co-operated with the investigation.
6. Considering the facts and circumstances of the case, the interim bail granted is made absolute with the following additional conditions.
(i) The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the Jurisdictional Court;
(ii) The petitioners shall appear before the investigating officer in OR. No. 21/2022 of Palode Forest Range, on every Saturday at 11.00 a.m. until filing of the final report.
(iii) Petitioners shall report to the investigating officer as and when required for the investigation.
(iv) The petitioners shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in OR. No. 21/2022 of Palode Forest Range;
(v) The petitioners shall not involve in any other crime while
on bail. If any of the aforesaid conditions are violated, the investigating officer in OR. No. 21/2022 of Palode Forest Range may file an application before the jurisdictional Court, for cancellation of bail. It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by any of the petitioners even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663). Sd/- VIJU ABRAHAM JUDGE sbk/-