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HIGH COURT OF KERALA
VIJU ABRAHAM, J
SATHYAN.K – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./9799/2022
Bail - Anticipatory Bail - Wild Life Protection Act Section List - The court granted anticipatory bail under strict conditions, finding that custodial interrogation was not necessary based on the nature of allegations, conducting a thorough evaluation of the evidence and the petitioner's involvement.
Fact of the Case:
The petitioner, accused in a wildlife protection case, sought anticipatory bail claiming false implication while managing logistics for a film shoot where trophies were allegedly transported without permits.
Finding of the Court:
The court concluded that custodial interrogation was unnecessary, considering the nature of the allegations and the petitioner's cooperation, allowing bail with specified stringent conditions.
Issues: Whether anticipatory bail should be granted considering the facts of the case and the nature of the charges against the petitioner.
Ratio Decidendi: The necessity of custodial interrogation was evaluated against the backdrop of the case's facts and the petitioner’s role, leading to the conclusion that bail could be granted with stringent conditions.
Final Decision: The anticipatory bail application is allowed with stringent conditions.
Key Points: - The court granted anticipatory bail without custodial interrogation based on the nature of allegations and petitioner’s cooperation, with stringent conditions. (!) - The case concerns offenses punishable under sections of the Wildlife Protection Act, involving transport of trophies for a film shoot and lack of transport passes. (!) (!) (!) - Specific stringent bail conditions include: bond of Rs. 50,000 with two sureties, appearance before the investigating officer, not tampering with evidence, not inducing witnesses, and not committing other crimes while on bail. (!) (!) (!) (!) (!) - If conditions are violated, the investigating officer may seek cancellation of bail. (!) - The petitioner is directed to surrender for interrogation on a specified date and be available for further questioning, with potential production before a Magistrate if arrested. (!)
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 BAIL APPL. NO. 9799 OF 2022 PETITIONER/2ND ACCUSED:
SATHYAN.K AGED 45 YEARS SON OF KARAL MARX MOOLAKKADA, MUNNAR, KANNAN DEVAN HILLS, MUNNAR, IDUKKI, PIN - 685612 BY ADVS.
P.V.ANOOP PHIJO PRADEESH PHILIP NAVJYOTH S.
ANTONY THOMAS RADHIKA V.R.
ANJU R S.
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 FOREST RANGE OFFICER DEVIKULAM RANGE OFFICE, IDUKKI, PIN - 685612 OTHER PRESENT:
PP - NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM, J.
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Dated this the 6th day of December, 2022
ORDER
Application for anticipatory bail.
2. Petitioner is the 2nd accused in O.R.No.46 of
2022 of Devikulam Range Office, Idukki District registered alleging commission of offences punishable under Sections 39 , 48, 50, 51 of Wild Life Protection Act , 1972.
3. The prosecution allegation is that, on
23.11.2022 at Palar check post in Aruvikkad Section of Forest Department, the Beat Officer of Aruvikkad Station conducted a vehicle checking, a vehicle bearing Reg.No.KL-26A-470 had reached at the check post and when the vehicle was searched, five Trophy's of Sambar deer was found. On questioning the driver of the vehicle, i.e the 1st accused he narrated that the properties which were found in the lorry was transporting from Munnar to Vattavada for the purpose of a film shooting. It is alleged that, the above Trophy does not have the transport pass, so the trophies and the above vehicle were seized.
4. The petitioner submits that he has been falsely implicated in the above said crime and he is working as a Production Controller in Malayalam Film Industry and is also having a Production Company named 'Munnar Media Creations'. Petitioner hqad worked for several films as a Production controller and Location Manager. On 10.11.2022, a film production company approached him and appointed him as the location manager for the shooting a series and they assigned the petitioner to handle the transportation, lodging, location permits, etc for the purpose of shooting at Munnar. Annexure-B is the document whereby he was assigned duty as a location manager. Necessary sanction was also obtained by the petitioner for film shooting at Munnar as is evident from Annexures-C &
D. Annexure-E is the letter issued by the company named 'Cine Decors' informing that the entire properties used for the web series transported from Chennai to Munnar and as per the same, the Cine Decors Company undertakes that the above articles are with them since 1962 and the above properties were given for shooting purpose on hire.
5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
6. The learned Public Prosecutor upon instructions submitted that the petitioner was found transporting these articles and that he was questioned as part of the investigation. The learned Public Prosecutor further submitted that the petitioner has no other criminal antecedents.
Having regard to the facts and circumstances of the case, and nature of the allegations, I am of the opinion that custodial interrogation may not be required for the purpose of investigation and only a limited custody is required for the same. I am inclined to grant anticipatory bail to the petitioner, but on stringent conditions. The above bail application is allowed with the following directions. The petitioner shall surrender before the investigating officer on 13.12.2022 and make himself available for interrogation on that day or on any other day/days and time as directed by the investigating officer. The petitioner shall co- operate with the investigation. In the event of arrest of the petitioner in OR No.46 of 2022 of Devikulam Range Forest Office, he shall be
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