ORDER

This is an application for anticipatory bail.

2. The petitioner is the 3rd accused in OR No. 9 of 2021 of Thaliparamba Forest Range, which was registered alleging commission of offences punishable under Sections 2(16), (32), 9, 39, 44, 49(A)(B), 50, 51(1), (1A), 52 & 57 of the Wild Life (Protection) Act, 1972; and Sections 7, 24 & 55(2) r/w 2(c)(f)(n) of the Biological Diversity Act, 2002.

3. The allegation in the case is that the accused 1 & 2 had procured ambergris for the purpose of sale in violation of the provisions of law. It is alleged that the accused 1 & 2 had procured ambergris from the petitioner herein.

4. The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that even if the allegations are believed to be true, the custodial interrogation of the petitioner is absolutely unnecessary in the matter. It is further submitted that the petitioner will cooperate with the investigation and will make himself available for interrogation. It is also submitted that the petitioner was a Non Resident Indian for nearly 25 years and has no criminal antecedents whatsoever.

5. I have heard the learned Public Prosecutor also. The learned Public Prosecutor refers to the facts and circumstances of the case and submits that the petitioner has to be interrogated to determine the source of the ambergris, which is a very valuable material. It is submitted that the accused are clearly guilty of the offences by possessing the ambergris in violation of the provisions of law.

6. Having regard to the facts and circumstances of the case and considering the fact that no criminal antecedents have been reported against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to conditions.

In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with OR No. 9 of 2021 of Thaliparamba Forest Range, subject to the following conditions:

(a) Petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) Petitioner shall co-operate with the investigation and shall appear before the investigating officer in OR No. 9 of 2021 of Thaliparamba Forest Range, at 10 am on 31.03.2022, 01.04.2022 & 02.04.2022, and thereafter, whenever called upon to do so;

(c) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in OR No. 9 of 2021 of Thaliparamba Forest Range;

(d)Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in OR No. 9 of 2021 of Thaliparamba Forest Range, may file an application before the jurisdictional court, for cancellation of bail.