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2023 Supreme(Online)(KER) 24795

HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
RAHUL N – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The petitioners have filed this application seeking regular bail under Section 439 of the Code of Criminal Procedure.

2. The petitioners are the 1st and 2nd accused in O.R. No.5 of 2023 of Mekkappala Forest Station of Kodanad Range Office for having committed offences punishable under Sections 2 (16)(32),9,39,44,49(A), (B),50,51(1),1(A) and 57 of the Wild Life Protection Act .

3. The allegation against the petitioners is that, on

21.10.2023, officials of Revenue Intelligence detained two persons in room No.101 of Metro Residency Lodge at Karukappilli Junction with unauthorised possession of ambergris of sperm whales, which is an offence under the Wild Life Protection Act . Thereby, the Revenue Officials intimated the matter to the Forest Officials, and they proceeded to the spot and seized 8.71 kgs of Ambergris. Thus, the petitioners have committed the aforesaid offences as alleged.

4. The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since 21.10.2023, and continued custody of the petitioners is unnecessary.

5.

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