Jabbar vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 29, 2020

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Citation: sooperkanoon.com/1764873
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Apr 29, 2020
Case Number: Bail Appl./2527/2020

Parties & Advocates

Appellant / Petitioner

Jabbar

Respondent

State of Kerala

Excerpt

.....pin- 682031.2. the forest range officerthaliparamba forest range office kannur district- 670 511. by public prosecutor sri.ajith murali this ba having come up for admission on 29.04.2020, the court on the same day passed the following:c. s. dias, j.dated this the 29th day of april, 2020.orderthis application is filed under section 438 of the code of criminal procedure.2. the petitioner is the 1st accused in or no.11/2020 of the forest rangeoffice, thaliparamba. the petitioner and the other accused are alleged to have committed offences punishable under sections 2, 32, 9, 39, 50 & 51 of the wildlife (protection) act, 1972.3. the prosecution allegation, in brief, is that: on 4.4.2020 the petitioneralong with the other accused had hunted and injured a porcupine. the petitioner and the other accused on seeing the police, fled away from the scene. thus, the petitioner has committed the above offences.4. when this bail application came up for hearing, the learned counsel forthe petitioner submitted that the petitioner is willing to surrender and corporate with the trial, but he apprehends incarceration. the learned counsel confines his relief for a direction to the learned magistrate to consider and dispose of the bail application proposed to be filed by the petitioner, on the date of filing itself.5. after having heard the learned counsel for the petitioner and thelearned public prosecutor, in exercise of the powers of this court under section 482 of the cr.p.c., i dispose this bail application by directing the judicial first class magistrate, payyannur, to consider and dispose of the proposed bail application to be filed by the petitioner preferably on the date of filing itself, in accordance with law. i make it clear that, i have not expressed anything on the merits of the matter.with the above observations, this bail application is dismissed. (sd/-) c. s. dias judge mmg/29.4.2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 29TH DAY OF APRIL, 2020 /9TH VAISAKHA, 1942 BA.NO. 2527 OF 2020 (Crime No.11 of 2020 of Thaliparamba Forest Range Office) Petitioner/Accused: Jabbar, aged 52 years S/o.Abdulla, Methalepurayil House Thattummel P.O, Vayakara Amsom Cherupuzha, Kannur District - 670 511 BY SRI.IEANS C.CHAMAKKALA Respondents/Complainant & State:
1. State of Kerala - Represented by Public Prosecutor, High Court of Kerala, Ernakulam. Pin- 682031.
2. The Forest Range Officer

Thaliparamba Forest Range Office Kannur District- 670 511. BY PUBLIC PROSECUTOR SRI.AJITH MURALI THIS BA HAVING COME UP FOR ADMISSION ON 29.04.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C. S. DIAS, J.

Dated this the 29th day of April, 2020.

ORDER

This application is filed under Section 438 of the Code of Criminal Procedure.

2. The petitioner is the 1st accused in OR No.11/2020 of the Forest Range

Office, Thaliparamba. The petitioner and the other accused are alleged to have committed offences punishable under Sections 2, 32, 9, 39, 50 & 51 of the Wildlife (Protection) Act, 1972.

3. The prosecution allegation, in brief, is that: on 4.4.2020 the petitioner

along with the other accused had hunted and injured a porcupine. The petitioner and the other accused on seeing the Police, fled away from the scene. Thus, the petitioner has committed the above offences.

4. When this Bail Application came up for hearing, the learned counsel for

the petitioner submitted that the petitioner is willing to surrender and corporate with the trial, but he apprehends incarceration. The learned counsel confines his relief for a direction to the learned Magistrate to consider and dispose of the bail application proposed to be filed by the petitioner, on the date of filing itself.

5. After having heard the learned counsel for the petitioner and the

learned Public Prosecutor, in exercise of the powers of this Court under Section 482 of the Cr.P.C., I dispose this bail application by directing the Judicial First Class Magistrate, Payyannur, to consider and dispose of the proposed bail application to be filed by the petitioner preferably on the date of filing itself, in accordance with law. I make it clear that, I have not expressed anything on the merits of the matter.

With the above observations, this Bail Application is dismissed. (Sd/-) C. S. DIAS JUDGE MMG/29.4.2020

Same Court & Year Kerala · 2020 Same Parties Jabbar vs State of Kerala Same Judge Honourable Mr.Justice C.S.Dias