Mathew Kurian Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1087223
CourtKerala High Court
Decided OnSep-02-2013
JudgeHONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
AppellantMathew Kurian
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice s.s.satheesachandran monday, the 2nd day of september 2013/11th bhadra, 1935 bail appl.no. 3339 of 2013 () ------------------------------- crime no. 10/2012 of karikulam forest station, ranni range, pathanamtitta petitioner/ accused: ---------------------- mathew kurien, aged 50 years, s/o. kurien, thekkedathu house, keezhu kara, kozhenchery village, kozhencherry taluk, pathanamthitta district. by adv. sri.k.n.radhakrishnan(thiruvalla) respondents/ complainants : ------------------------------ 1. state of kerala, represented by public prosecutor, high court of kerala, ernakulam.2. forest range officer, karikulam forest station, pathanamthitta (o.r no. 10 of 2012 of karikulam forest station) ”645. by public prosecutor smt.laliza.t.y. this bail application having come up for admission on 02-09-2013, the court on the same day passed the following: rkm s.s.satheesachandran, j ----------------------------------------- b.a.no.3339 of 2013 ----------------------------------- dated this the 2nd day of september, 2013 order petitioner is the accused in a crime, numbered as o.r.no.10 of 2012, of forest range office, ranni, registered for offences punishable under sections 2(1), 39(1), 44(a), (1) and 51 of the wild life (protection) act, 1972. he has moved the above application seeking pre-arrest bail under section 438 of the code of criminal procedure (for short, 'the code').2. petitioner operated a shop under the name "thekkedath aquarium and pet point" in kozhencherry. on an inspection of his pet shop by a forest official on 28.06.2012, he was found keeping 8 parakeets in cages as captive birds without any license or authority. birds kept as captives were taken into custody by the forest officials, and the above crime was registered against him for the offences states supra.3. learned counsel for petitioner submits that he is innocent and has been falsely implicated in the crime. he is prepared to co-operate with the investigation of crime, is the further submission of counsel. opposing the application learned public prosecutor submitted that notices were issued to him twice to report before the investigating officer, but that was not complied with. b.a.no.3339 o”2. 4. no doubt, offences involving protected animals/ birds have to be viewed seriously as many of them have now become endangered species. however, having regard to the submissions made by counsel with reference to the facts and circumstances presented, i find petitioner can be provided an opportunity to report before the investigating officer and co-operate with investigation. so much so, while declining pre-arrest bail to petitioner, the following directions are issued :- petitioner shall appear before the investigating officer at 10.00.a.m.on 09.09.2013. on such appearance, after his interrogation, in the event of his arrest in the crime, he shall be produced before the magistrate without delay. on such production application for bail, if any, moved by petitioner with advance notice to assistant public prosecutor also, shall be considered by the magistrate expeditiously, and disposed on its merits in accordance with law. sd/- s.s.satheesachandran, judge true copy p.a.to judge rkm
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND DAY OF SEPTEMBER 2013/11TH BHADRA, 1935 Bail Appl.No. 3339 of 2013 () ------------------------------- CRIME NO. 10/2012 OF KARIKULAM FOREST STATION, RANNI RANGE, PATHANAMTITTA PETITIONER/ ACCUSED: ---------------------- MATHEW KURIEN, AGED 50 YEARS, S/O. KURIEN, THEKKEDATHU HOUSE, KEEZHU KARA, KOZHENCHERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENTS/ COMPLAINANTS : ------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. FOREST RANGE OFFICER, KARIKULAM FOREST STATION, PATHANAMTHITTA (O.R NO. 10 OF 2012 OF KARIKULAM FOREST STATION) ”

645. BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKM S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.3339 of 2013 ----------------------------------- Dated this the 2nd day of September, 2013 ORDER

Petitioner is the accused in a crime, numbered as O.R.No.10 of 2012, of Forest Range Office, Ranni, registered for offences punishable under Sections 2(1), 39(1), 44(a), (1) and 51 of the Wild Life (Protection) Act, 1972. He has moved the above application seeking pre-arrest bail under Section 438 of the Code of Criminal Procedure (for short, 'the Code').

2. Petitioner operated a shop under the name "Thekkedath Aquarium and Pet Point" in Kozhencherry. On an inspection of his pet shop by a forest official on 28.06.2012, he was found keeping 8 parakeets in cages as captive birds without any license or authority. Birds kept as captives were taken into custody by the forest officials, and the above crime was registered against him for the offences states supra.

3. Learned counsel for petitioner submits that he is innocent and has been falsely implicated in the crime. He is prepared to co-operate with the investigation of crime, is the further submission of counsel. Opposing the application learned public prosecutor submitted that notices were issued to him twice to report before the investigating officer, but that was not complied with. B.A.No.3339 o”

2. 4. No doubt, offences involving protected animals/ birds have to be viewed seriously as many of them have now become endangered species. However, having regard to the submissions made by counsel with reference to the facts and circumstances presented, I find petitioner can be provided an opportunity to report before the investigating officer and co-operate with investigation. So much so, while declining pre-arrest bail to petitioner, the following directions are issued :- Petitioner shall appear before the investigating officer at 10.00.a.m.on 09.09.2013. On such appearance, after his interrogation, in the event of his arrest in the crime, he shall be produced before the magistrate without delay. On such production application for bail, if any, moved by petitioner with advance notice to Assistant Public Prosecutor also, shall be considered by the magistrate expeditiously, and disposed on its merits in accordance with law. Sd/- S.S.SATHEESACHANDRAN, JUDGE True Copy P.A.to Judge RKM