Bail may be granted based on lack of evidence connecting the accused to ongoing criminal activities and status of the investigation.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS )

seeking regular bail.

2. The applicants are the accused Nos. 1 to 11 in Wild Life Offence Report (KDT) No.1/2026 of Kadmat Forest Range, Lakshadweep. The offences alleged are punishable under Sections 9 , 39(1)(a), 39(1)(b), 39(1)(d), 48A, 50, 51(1), 51(1)A and 56 of the Wild Life (Protection) Act , 1972 (for short, the ).

3. The prosecution case, in short, is as follows: The Forester, Officer in Charge, (Kadmat Forest Range) Department of Environment and Forest noticed fishing boat named 'Saffreena-2' operating nearby and parallel to Palliayachaal at south-east side of Kadmat Island. Upon enquiry among the 11 crew members on the boat, ten were of mainland and one from Kiltan Island. Among them, Mr. Anto was on bail in WLOR (Kvt) No. 2/2023. They failed to produce valid permit or crew list. The Forester reported it to the Fisheries Department, Station House Officer of Kadmat Police Station, the team reached the spot and conducted search in the vessel. They found Bottlenose Wedgefish and a Bowmouthed Guitarfish in the freezer containing about 1.5 tones of fish in contravention of the Wild Life (Protection) Act and thereby committed the offences.

4. I have heard Smt. M.B. Shyni, the learned counsel for the applicants and Sri. R.V. Sreejith, the learned Standing Counsel. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Standing Counsel submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on 22.1.2026. The investigation is almost over. The recovery has been effected. Except the applicant Nos. 1 and 5, none of the remaining applicants have any criminal antecedents. The learned Standing Counsel made available to me the copy of WLOR (Kvt) No.2/2023 in which the applicant Nos. 1 and 5 were involved in crime for the offences punishable under Sections 27, 29, 31, 39, 50 and 51 of the Wild Life (Protection) Act . It would show that the only allegation against them is that they conducted fishing in a prohibited area. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the