A. HARIPRASAD, J.

1. Applications under Section 438 of the Code of Criminal Procedure, 1973 (in short, "CrPC").

2. Since common facts and questions of law arise in these bail applications, I heard them together. They can be conveniently disposed by this common order, Petitioners apprehend arrest in forest crimes registered under the Kerala Forest Act, 1961 and Wild Life Protection Act, 1972. In fact, some of them had been arrested earlier in connection with other crimes of a similar nature and some were enlarged on bail. According to the petitioners, they are falsely implicated in these cases and they apprehend detention in custody and physical torture.

3. Heard Shri. Suman Chakravarthy, Shri. Gilbert George Correya, Shri. M. B. Sandeep, Shri. Vipin Narayan and Shri. P. M. Habeeb, learned counsel appearing for the petitioners and Shri. Tom Jose Padinjarekkara, learned Additional Director General of Prosecution for the State.

4. Case diaries have been placed for perusal. The files pertaining to OR No. 1 of 2015 of Edamalayar Forest Station are also among them. I have carefully gone through the materials placed before the Court.

5. OR No. 1 of 2015 of Edamalayar Forest Station was registered under Section 27(1)(e)(iv) of Kerala Forest Act, 1961 and Sections 2(16) and 51(1) of Wild Life (Protection) Act, 1972. This case was registered on the basis of a report by the Deputy Range Forest Officer, Edamalayar Forest Station. On 31/05/2015 while the Deputy Range Forest Officer was on patrol in the reserve forest, he found a putrefied dead body of an elephant with tusks missing. After ascertaining the position of the carcass by the help of GPS, they returned to the office on that day as he could not complete the preparation of mahazar due to insufficiency of light. On the next day a detailed inspection was conducted. Investigation revealed that the animal was poached for extracting its tusks. As the investigation advanced, some of the accused persons were arrested. Confession statements were recorded after complying with the legal formalities.

6. OR No. 2 of 2015 of Edamalayar Forest Station was registered on the basis of the confession of the third accused in OR No. 1 of 2015 of Edamalayar Forest Station. This case was also registered under Section 27(1)(e)(iv) of Kerala Forest Act, 1961 and Sections 2(16), (35), (36), 9, 39, 51 and 52 of Wild Life Protection Act, 1972.

7. As per the confession statement of some of the accused in OR No. 1 of 2015 of Edamalayar Forest Station, the Forest Officers received information relating to the poaching of wild elephants within the limits of Karimbani Forest Station and therefore, OR Nos. 5 to 9 of 2015 were registered. There also the offences alleged against the accused are under Sections 2(2) (16), (35), (36), 9, 39, 49b, 51 and 52 of Wild Life Protection Act, 1972.

8. After registering OR No. 3 of 2015 of Karimbani Forest Station, some of the accused therein confessed about their complicity in hunting an elephant j within the limits of Athirappilly Forest Station. Therefore, OR Nos. 1 to 3 of 2015 of Athirappilly Forest Station too were registered consequent to the confession of the accused. In all these matters, the investigation is gradually advancing.

9. BA Nos. 5622 and 6177 of 2015 are relating to, OR No. 2 of 2015 of Edamalayar Forest Station. Learned counsel appearing for the petitioners contended that they are falsely implicated in the case. It is their further contention that they were arraigned as accused in OR No. 1 of 2015 of Edamalayar Forest Station and OR No. 3 of 2015 of Karimbani Forest Station. Forest Officers kept them in custody for long time and they got bail in both the matters. Petitioners would contend that while they were in custody, other crimes had already been registered implicating them and the Forest Officers, without formally arresting them while in custody, are trying to victimise the accused without any valid reason. According to the learned counsel, the Forest Of