The court ruled that custodial interrogation of the petitioners was unnecessary, allowing their bail under specified conditions.

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioners are accused Nos.1 & 2 in Crime No.250 of 2025 of Thiruvambady Police Station, Kozhikode, registered for the offences punishable under Sections 3 (1) and 25 of the Arms Act , 1959 [for brevity, ‘the Act’].

3. According to the prosecution, on 13.04.2025 at around 3 a.m., the accused were found in possession of an unlicenced gun and thereby committed the offences alleged.

4. Heard the learned Counsel for the petitioners as well as the learned Public Prosecutor.

5. Petitioners were alleged to have trespassed into a forest along with the 3^rd accused and apart from committing a forest offence, they also carried a firearm without a licence and hence the aforesaid crime was registered. For the forest offence O.R.No.5 of 2025 of Kodampuzha Forest Station was registered, in which petitioners were arrested and consequently released on bail. Petitioners contend that the firearm was possessed by the 3rd accused, who actually had a licence for the same. In support of the said contention, petitioners relied upon Annexure A & B as well as the order of the Sessions Court, Kozhikode in Crl.M.C.No.683 of 2025.

6. On a perusal of the above documents as well as the order mentioned above, it is noticed that the contention of the petitioner therein that the 3^rd accused had a valid gun licence under the Act till 30.11.2024. It is also seen that the said accused was given permission to destroy the wild boars, which were causing threats to the life and property of the people of Koodaranaji Grama Panchayat. The Divisional Forest OfÏcer had also granted permission to the 3^rd accused to destroy wild boars, as evident from Annexure C apart from Grama Panchayat having empanelled the 3^rd accused as the person to destroy wild boars.

7. On a consideration of the above circumstances and the nature of allegations, I am of the view that custodial interrogation of petitioners is not required. Petitioners claim themselves to have been assisting the 3^rd accused, who apparently is a person who had a valid licence to possess arms and enlisted to destroy the wild boars.

8. Taking into consideration the aforesaid circumstances, I am of the view that this bail application is to be allowed.

Accordingly, this application is allowed on the following conditions:

(a) In the event of the petitioners being arrested in Crime No.250 of 2025 of Thiruvambady Police Station, Kozhikode, they shall be released on bail on each of them executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum before the Investigating OfÏcer.

(b) Petitioners shall appear before the Investigating OfÏcer for interrogation if they are so required in writing and shall co-operate with the investigation.

(c) Petitioners shall not destroy or tamper with the evidence (d) Petitioners shall not commit any other similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.