Dismissed

Suresh v. the State of Kerala

Kerala HC19 Jan 2015Bail Appl./192/2015

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed by two accused persons charged with forest offences under the Kerala Forest Act and Wild Life Protection Act. The court held the case too serious for anticipatory bail, directing the petitioners to surrender for investigation.

What did the court decide?

The Bail Application is dismissed. Petitioners directed to surrender before the investigating officer within ten days.

Suresh Vs the State of Kerala — Bail and Remand | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936

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Bail Appl..No. 192 of 2015

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CRIME NO. 1/2015 OF FOREST RANGE OFFICE , MANNARKKAD, PALAKKAD

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PETITIONER(S)/ACCUSED NOS.4 & 5:

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1. SURESH, AGED 33 YEARS, S/O.CHINNAKUTTAN, LATHANOOR HOUSE, POTTASSERY MANNARKKAD, PALAKKAD DISTRICT.

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2. NANDANAM @ KANNAN, AGED 30 YEARS S/O.BHASKARAN, KANDICHERARA HOUSE, POTTASSERY MANNARKKAD, PALAKKAD DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT(S)/STAE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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2. THE FOREST RANGE OFFICER MANNARKKAD FOREST RANGE, PALAKKAD DISTRICT PIN - 678 582.

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BY PUBLIC PROSECUTOR SRI.SHIBU GEORE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B. KEMAL PASHA, J.

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B.A.No.192 OF 2015

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Dated this the 19^th day of January, 2015

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O R D E R

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~~~~~~~

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Petition under Section 438 Cr.P.C.

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Petitioners are accused Nos. 4 and 5 in O.R. No.1/2015 of the Mannarkkad Rorest Range, Palakkad District, registered for the offences punishable under Section 27(1)(e)(iv) of the Kerala Forest Act, 1961 and under Sections 2(16)(b), 2(35), 9, 39(d) and 51 of the Wild Life Protection Act, 1972.

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The allegation against the petitioners and the other accused is that, on 5.1.2015, they trespassed into the reserve forest at Karimankunnu with tracker dogs and spades for hunting wild animals from the reserve forest. They were surrounded by the forest officials, and A1 to A3 could be arrested. A4 and A5, who are the petitioners herein, ran away from the spot and, therefore, they could not be arrested.

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Heard the learned counsel for the petitioners and the

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B.A.No.192/2015

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learned Public Prosecutor.

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The contents of the CD prima facie reveal the complicity of the petitioners. Eventhough they had not made any hunting, it seems that they had trespassed into the forest for the purpose of hunting with spades and tracker dogs. Since the allegations against the petitioners are very grave and serious, this is not a fit case, wherein the discretionary relief of anticipatory bail can be granted to the petitioners. At the same time, in the absence of any criminal antecedents on their part, I am of the view that an opportunity can be given to them to surrender before the investigating officer in order to co-operate with the investigation.

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In the result, this Bail Application is dismissed. At the same time, if so advised, the petitioners may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioners and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioners can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on

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B.A.No.192/2015

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the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.

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sd/-

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B.KEMAL PASHA, JUDGE.

ps/19/1/2015

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//True copy//

PA to Judge

Suresh v. the State of Kerala

Case brief

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Suresh v. the State of Kerala

Case brief

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