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2024 Supreme(Online)(KER) 20084

HIGH COURT OF KERALA
C.S. DIAS, J
GEEVARGHESE P.G @ KUTTY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
AJEESH M. UMMER, SRI C. S. HRITHWIK – SENIOR PUBLIC PROSECUTOR

ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.

2. The petitioner is the 5th accused in O. R. No.03/2024 of Kodanad Forest Range Office, Ernakulam which is registered against five accused persons for allegedly committing the offences punishable under Sections 2 (14, 16, 20, 25B, 33, 35, 36), 9, 10, 39(1)(2) (3), 50, 51 and 57 of the Wild Life Protection Act, 1972 (Amendment Act, 2022).

3. The gist of the prosecution case is that: on 30.03.2024, at around 1.00 hours, while the Forest Officials were conducting night patrolling duty, they arrested the 1st accused, who was found passing through the Kottappara Reserve Forest with a loaded unlicensed country made gun, ammunitions and meat of sambar deer. During his interrogation, he confessed that he hunted the deer along with the accused Nos.2 and 3 and the gun was given to him by the 4th accused.

Consequently, the accused Nos.2 and 3 were arrested.

During the interrogation of the 2nd accused, he allegedly confessed that the ammunitions were provided by the 5 th accused. Thus, the accused have committed the above offences.

4. Heard; Sri. Ajeesh M

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