The Kerala High Court granted bail to accused persons in a Wildlife Conservation Act case involving elephant tusk trading, imposing strict reporting and non-interference conditions.
Bail granted to petitioners on bond for Rs.50,000 each with strict conditions to ensure cooperation with investigation.
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 A.HARIPRASAD
FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937
Bail Appl..No. 4801 of 2015 ()
------------------------------CRIME NO. 3/2015 OF KARIMPANY FOREST STATION OFFICE , ERNAKULAM DISTRICT
PETITIONER(S)/ACCUSED NOS.16& 17:
1. ROMIN ALBY, AGED 48 YEARS, S/O.XAVIER ABLY, ANAKOMBIL HOUSE, T.C.NO.45/993, WATS ROAD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM TALUK.
2. ANTONY ALBY, AGED 57 YEARS, S/O.XAVIER ALBY, SHALOM HOUSE, NANDANKODU, THIRUVANANTHAPURAM.
BY ADVS.SRI.ALAN PAPALI
SRI.SOJAN MICHEAL SRI.GILBERT GEORGE CORREYA SRI.J.VIMAL SRI.ANTONY ROBERT DIAS KUM.P.K.RESHMA (KALARICKAL) SRI.NISHIL.P.S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031
BY ADDL.DGP SRI.TOM JOSE PADINJAREKARA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A. HARIPRASAD, J.
Bail Appl. No.4801 of 2015
Dated this the 4th day of September 2015
O R D E R
Petitioner filed under Sec.439 Cr.P.C.
No.3 of 2015 of Karimbany Forest Station registered for the offences under Secs.9, 2(2), 2(16), 2(20), 2(36), 2(37), 39, 48(a), 49, 50, 51 and 57 of the Kerala Wild Life Protection Act. The prosecution case is that the petitioners along with the co-accused trespassed into a reserve forest, armed with guns and shot wild elephants with a view to remove the tusks. Other accused persons who are traders in tusks received it knowing that it was an illegal activity and committed the offences mentioned above.
they are the recipient and traders of the trophy.
and the learned Additional Director General of Prosecution.
Bail Appl. No.4801 of 2015 2
directed that the investigating officer shall allow the petitioners to present in the office without any room for complaint.
Bail Appl. No.4801 of 2015 3
Considering the stage of investigation, bail is granted to the petitioners with the following strict conditions.
i. The petitioners shall be released on
bail on their executing a bond for Rs.50,000/-
(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Kuruppampady.
ii. The sureties shall produce documents to prove their identity and solvency.
iii. The learned Magistrate need not insist on solvency certificate but there must be sufficient documents to reveal the identity and solvency of the sureties.
iv. The petitioners shall report before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on every Mondays and Thursdays until final report is filed.
Bail Appl. No.4801 of 2015 4
v. The petitioners shall surrender their
passports, if any, before the learned Magistrate or if they do not have the one, file affidavits to that effect.
vi. The petitioners shall not intimidate or influence the witnesses nor shall they meddle with the investigation in any manner.
vii. The petitioners shall not leave the
State of Kerala without obtaining permission from the learned Magistrate.
viii. The petitioners shall not involve in any other offence during the period of bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/-
A. HARIPRASAD
JUDGE
/ True Copy /
NS
P.A. To Judge
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in Wildlife Conservation Act cases.
Whether strict conditions can be imposed on bail to ensure proper investigation and non-interference.
2 provisions across 2 enactments
Romin Alby
Antony Alby
State of Kerala
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
