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2026 Supreme(Online)(Ker) 28618

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
SAJIKUMAR J – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2100 OF 2026|CRIME NO.1/2026|OR.No. 1/2026



Advocates:
For the Appellants/Petitioners: Nireesh Mathew
For the Respondents: Ania M., P. P

Bail granted in wildlife offence case post substantial investigation and detention undergone.

Headnote:First Paragraph: Relevant provisions under Sections 2(16), 2(20), 2(35), 9, 39, 50 and 51 of the Wild Life Protection Act invoked for hunting and possessing meat of protected Sambar deer. Prosecution case involves detection of deer meat in accused's refrigerator, with allegation that other accused hunted and supplied it. Court found investigation nearly complete and detention unnecessary. Second Paragraph: Issue framed as whether continued custody warranted post substantial investigation. Ratio: Seriousness of wildlife offences acknowledged, but bail granted considering detention period and investigation stage (paras 3-4). Last Paragraph: Bail granted to petitioners on bond, sureties, reporting, cooperation, and non-violation conditions.

Table of Content
1. accused charged with hunting and possessing sambar deer meat. (Para 1 , 2)
2. arguments heard from counsel and records reviewed. (Para 3)
3. bail granted due to investigation progress and detention period. (Para 4)

ORDER

This application seeking regular bail has been filed by accused Nos. 1 to 4 in OR.No. 1/2026 of Palakkayam Forest Station registered alleging commission of offences punishable under Sections 2(16), 2(20) 2(35), 9, 39, 50 and 51 of the Wild Life Protection Act.

2. The prosecution alleges that on 27.03.2026, the first accused was found keeping the meat of a Sambar deer inside a refrigerator in his kitchen and on further enquiry it was revealed that it was the accused Nos. 2 to 4 who hunted the Sambar deer, and its meat was sold to the first accused by the second accused. Thus, the accused are alleged to have committed the aforementioned offences.

3. Heard Sri. Nireesh Mathew, the learned counsel appearing for the petitioner and Smt. Anima M., the learned Public Prosecutor and pursued the records.

4. The allegation that the meat of a Sambar deer was detected from inside a refrigerator kept in the kitchen of the first accused cannot be viewed lightly. There is specific allegation that it was accused Nos. 2 to 4 who hunted the Sambar deer and supplied its meat to the first accused. Of course, hunting a protected animal in violation of the provision of law has to be dealt with seriously. Anyhow, the petitioners were arrested in this case on 28.03.2026, and since then they were under judicial custody. The investigation in this case is practically over. As the investigation has progressed substantially, further incarceration of the petitioners at this stage appears to be unwarranted and will not serve any purpose.

Having regard to the days of detention already undergone by the petitioners and the stage of investigation, I am inclined to grant bail to the petitioners on following conditions:

1. Petitioners shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2. The petitioners shall appear before the Investigating Officer on every Monday between 10.00 a.m. and 11.00 a.m. for a period of three months or until the final report is filed, whichever occurs first.

3. The petitioners shall co-operate with the investigation and 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/her from disclosing such facts to the Court or to any police officer.

4. Petitioners shall not leave India without permission of the jurisdictional Court.

5. Petitioners shall not commit any similar offence while on bail.

If the petitioners violate any of the above conditions, the investigating officer is at liberty to file an application for cancellation of bail before the jurisdictional court, and if such an application is filed, the jurisdictional court can pass appropriate orders irrespective of the fact that this order is passed by this Court.

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