The High Court of Kerala allowed a bail application filed by two accused persons charged with killing a peacock in a reserved forest. The court granted bail subject to conditions including reporting to the police and obtaining prior permission.
Petitioners released on bail for Rs. 25,000 each with two sureties, subject to reporting and other conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5123 of 2011()
-----------------------------------------O.R.NO.04/2011 OF VAZHANI FOREST STATION, THRISSUR DISTRICT --------------------
APPLICANTS/ACCUSED 1 & 2 --------------------------------------------
1. SHIJO, AGED 24 YEARS, S/O.THOMAS, VADAKKEKKARA HOUSE, VATTAPPARA DESOM, THEKKUMKARA VILLAGE, THALAPPILLY TALUK. 2. VARGHESE, 60 YEARS, S/O.PURAVATH, KALLARAKKAL HOUSE, MADASSERY DESOM, MANILITHARA VILLAGE, THALAPPILLY TALUK.
BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE BY ADV.SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN
RESPONDENT(S): COMPLAINANT ------------------------------------------------STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE DEPUTY RANGER, VAZHANI FOREST STATION.
BY PUBLIC PROSECUTOR SRI. TEK CHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K.T.SANKARAN, J .
B.A.No. 5123 OF 2011
Dated this the 6th day of July, 2011
ORDER
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in O.R.No.4 of 2011 of Vazhani Forest Station, Thrissur District.
2.The offences alleged against the petitioners inter alia
are under Section 27(1)(e)(iv) of the Kerala Forest Act and Sections 50 and 51 of the Wild Life Protection Act.
3.The prosecution case is that on 19.6.2011 the accused persons shot dead a peacock from the reserve forest. The petitioners were arrested on 19.6.2011 and they were remanded to judicial custody.
4.Taking into account the facts and circumstances of
B.A.No. 5123 OF 2011 2
the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners.
5.The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Wadakkancherry, subject to the following conditions:
B.A.No. 5123 OF 2011
3
mentioned above, the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN, JUDGE
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1 issue framed by the court
Whether to grant bail to the accused in an offence involving killing a peacock under the Kerala Forest Act and Wild Life Protection Act.
3 provisions across 3 enactments
SHIJO
VARGHESE
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.T.SANKARAN
Parties & counsel
