O R D E R

Dated this the 26th day of February 2021 This Bail Application filed under Section 438 of the Criminal Procedure Code was heard through Video Conference.

2. The applicants have approached this Court for anticipatory bail assuming that they have been implicated as accused in Crime No. 1 of 2020 of Anakulam Forest Range Office, Idukki District for having allegedly committed offences punishable under Sections 2(16)(b), 9, 39(1) and 51 of the Wild Life Protection Act, 1972.

3. The prosecution case in brief, is that on

31.12.2020 at about 8.30 p.m., the applicants and 2 others allegedly threw crackers at elephants to scare them away, and that despite the forest officials preventing them from doing so, they did not desist from their activity, and also deterred the forest official from performing their duty even assaulted them. Thus the applicants attempted to commit culpable homicide.

4. The applicants state that the allegations are not true and that, they are entitled to anticipatory bail and that apart from the alleged confession statement of accused Nos. 5 and 6, who had been already arrested. There is no other material to indicate the involvement of the applicants in this crime.

5. Heard the learned counsel appearing for the applicants and the learned Public Prosecutor.

6. The learned Public Prosecutor submits that the applicants 1 to 3 having implicated as an accused Nos. 1 to 3 in the crime and that, the applicant Nos. 4 to 6 have not been arrayed as accused and therefore, their apprehension is misplaced.

7. Hence, the application for anticipatory bail by Applicants 4 to 6 is not maintainable. The prosecution is mainly relying upon an alleged confession statement given to the Deputy Range Officer by the accused Nos. 5 and 7, who were arrested. A confession statement to the Forest Officer below the rank of Deputy Divisional Forest Range Officer is not acceptable. Moreover, there are no other materials apart from the alleged confession statement to implicate that the applicant Nos. 1 to 3 in this crime. They do not have any criminal antecedence and they are willing to cooperate with the investigation. Hence, I am inclined to grant anticipatory bail to the applicants.

Hence, the application is allowed in part and the applicants 1 to 3 are directed to surrender before the Investigating Officer within two weeks. After interrogation and recovery, in the event of their arrested, they shall be released on bail on the execution of a bond for Rs. 50,000/-(Rupees Fifty Thousand only) each with two solvent sureties for the like amount each to the satisfaction of the Investigating Officer and on following conditions:

(i) They shall appear before the Investigating Officer as and when called for.

(ii) They shall not tamper with evidence, intimidate or influence witnesses.

(iii) They shall not get involved in similar offences during the bail period.

In case of the breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.

The application filed by applicants 4 to 6 is dismissed as the apprehension of arrest is misplaced.

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