HIGH COURT OF KERALA
K.HEMA, J
AJESHSO SASIDHARAN AGED 25 YEASRS – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPLICATION 4912/2008
Bail - Anticipatory Bail - Wild Life Protection Act - Sections 27, 31, 32 - The court denied anticipatory bail on grounds of serious nature of offences and necessity of custodial interrogation, given the involvement in alleged wildlife violation.
Fact of the Case:
The petitioners are accused of trapping and killing a wild goat, violating the Wildlife Protection Act, with one co-accused already arrested. The petitioners claimed innocence, stating no direct involvement in the alleged act.
Issues: Whether anticipatory bail should be granted to the petitioners accused of wildlife offences under the Wildlife Protection Act.
Ratio Decidendi: The serious nature of the wildlife offences and the necessity for custodial interrogation justified the denial of anticipatory bail.
Final Decision: Petitions for anticipatory bail are dismissed.
O R D E R
These petitions are for anticipatory bail.
2. The alleged offences are under Sections 27, 31 and 32 of Wild Life Protection Act, 1972. Accused nos. 2, 5 to 7 are the petitioners in B.A.No.4912/08 and accused nos. 3 and 4 are the petitioners in B.A.No.4916/2008. According to prosecution, accused nos. 1 to 7 trapped a wild goat and killed it and they planned to share the meat and thereby committed various offences under the Wild Life Protection Act, 1972.
3. Learned counsel for the petitioners submitted that the petitioners are absolutely innocent of the allegations made. The first accused was already arrested and released on bail. The petitioners apprehend arrest on allegation of non bailable offence. They are absolutely innocent of the allegations made. Petitioners are implicated by the first accused. But, even as per the statement given by him, petitioners' involvement in the offence will not be revealed, it is submitted. The first accused has allegedly informed the seventh accused when he found wild goat in a trap and first accused and other accused came to the scene and second accused BA No.4912 & 4916/08 2 killed the animal and removed it to and kept it in the property of the water authority. Others were only standing nearby. Therefore, no offence is committed by the petitioners, it is submitted.
4. This petition is opposed. Learned public prosecutor submitted that the offence committed is of a serious nature. The allegations are that all the accused together had trapped the animal and decided to share the meat and killed the animal and it was kept in the property of the water authority. The investigation is going on. Only, the first accused could be arrested and others could not be arrested so far, though the incident happened as early as on 21.7.2008. Petitioners are required for the purpose of investigation. It is understood that they are involved in similar other offences and this appears from the statement of the first accused itself.
5. On hearing both sides, considering the nature of offence committed, I am not inclined to grant anticipatory bail to the petitioners. The petitioners will be required for custodial interrogation for an effective investigation.
Hence, petitions are dismissed.
K.HEMA, JUDGE
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.