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HIGH COURT OF KERALA
SHIRCY V., J
K.K. SURESH KUMAR – Appellant
Versus
THE FOREST RANGE OFFICER, – Respondent
Bail Appl./504/2020
Bail - Accusations under Forest and Wildlife Protection Laws - Kerala Forest Act, Wild Life Protection Act - The court granted bail to the petitioners considering the nature of allegations, duration of custody, and prevailing investigation status.
Fact of the Case:
The petitioners were accused of killing an Asian elephant and possessing its tusks, facing charges under the Kerala Forest Act and Wild Life Protection Act. They have been in custody since December 9, 2019, but claim they did not commit the alleged offenses.
Finding of the Court:
The court found that, taking into account the accusations, the length of time the petitioners had been detained, and the investigatory stage, it was appropriate to grant bail with specific conditions to ensure cooperation in the ongoing investigation.
Issues: Whether the petitioners should be granted bail considering the serious accusations against them and their time in custody.
Ratio Decidendi: The decision to grant bail is influenced by the nature of the allegations, the duration of pre-trial detention, and the current investigative status, emphasizing the presumption of innocence until proven guilty.
Final Decision: The application for bail is granted subject to conditions.
ORDER
Dated this the 28th day of January 2020 Application for regular bail.
2. The petitioners are accused Nos. 1 to 3 in O.R. No. 12 of 2019 of Kottiyoor Forest Range Office registered for the offences punishable under Sections 29(1)(e)(IV) and 27(1)(d) of the Kerala Forest Act and Sections 9, 39, 44, 50, 51 and 57 read with Sections 2(2), 2(14), 2(31) and 2(36) of the Wild Life Protection Act, 1972.
3. The petitioners are in custody since
09.12.2019.
4. The prosecution allegation is as follows:
The petitioners have killed an Asian elephant and taken the pair of tusks and kept in their possession for conducting sale and thereby committed the aforesaid offences.
5. The learned counsel for the petitioners submitted that they have not committed any offence as alleged. In fact the decayed body of a wild elephant was found near the forest area but they have not killed the elephant as alleged by the prosecution.
6. It is submitted by the learned Public Prosecutor that some more accused persons are yet to be apprehended and the investigation of the case is only going on.
7. Considering the nature of the accusations levelled against the petitioners, the period of detention undergone by them in custody and the present stage of investigation, 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) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) They 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) They 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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