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HIGH COURT OF KERALA
SHIRCY V., J
PRABHAKARAN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./1945/2020
Bail - Wildlife Offences - Wildlife Protection Act Section 9, 39, 50, 51; Kerala Forest Act Section 61 - The court granted bail to the accused, considering the nature of accusations, progress of investigation, and absence of criminal antecedents, framed conditions for bail.
Fact of the Case:
The petitioners, accused of hunting sambar deer under the Wildlife Protection Act, applied for bail after being in custody since February 24, 2020.
Finding of the Court:
The court concluded that further detention was unwarranted, given the nature of the allegations, ongoing investigation, and absence of previous criminal records.
Issues: Whether bail should be granted to the petitioners accused of wildlife offences under the Wildlife Protection Act and Kerala Forest Act.
Ratio Decidendi: The court established that the nature of accusations and ongoing investigation did not necessitate further detention of the petitioners.
Final Decision: Bail is granted subject to specific conditions.
ORDER
Dated this the 18th day of March 2020 Application for regular bail.
2. The petitioners are accused Nos. 1 to 3 in O.R. No. 2 of 2020 of Nelliyampathy Forest Range Office registered for the offences punishable under Sections 9 , 39, 50 and 51 of the Wildlife Protection Act and Section 61 of the Kerala Forest Act .
3. The petitioners are in custody since
24.02.2020.
4. The prosecution allegation is that the accused have hunted sambar deer which is included in Schedule II of Wildlife Protection Act by electric shock and removed its head and sold the meat and thereby they have committed the aforesaid offences.
5. According to the learned counsel for the petitioners, the petitioners are residing very close to the forest land. But they have not committed any offence as alleged. Hence, this application for bail.
6. The learned Public Prosecutor has submitted that the investigation of the case is progressing. 7. Considering the nature of the accusations levelled against these petitioners, the fact that the investigation is progressing, I do not think that further detention of these petitioners are required by the prosecution to file the final report in the case. These petitioners are also not having criminal antecedents. Considering all these facts, I am inclined to grant bail to the petitioners.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
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