The applicant, accused of handling captive elephant ivory, applied for bail. The court held that custodial interrogation was not warranted and granted anticipatory bail subject to specific conditions.
Anticipatory bail allowed subject to appearance for interrogation within ten days and execution of bond with sureties.
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 SUNIL THOMAS
FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937
Bail Appl..No. 1110 of 2016 ()
O.R.NO. 12/2015 OF PARUTHIPALLY FOREST STATION, THIRUVANANDAPURAM
APPLICANT/ACCUSED:
AJI BRITE AGED 34 YEARS S/O.RAMACHANDRAN, GURUDEVA GRANDHASALA LINE THIRUVANANTHAPURAM TALUK.
BY ADV. SRI.VIPIN NARAYAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR: SRI SHIBU JOSEPH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SUNIL THOMAS, J.
=================
B.A.No.1110 of 2016
=================
Dated this the 26th day of February, 2016
ORDER
Petitioner herein is the ninth accused in O.R.No.12 of 2015 of Paruthipally Forest Station for offence punishable under Section 51(1) of the Wild Life Protection Act, 1972.
B.A.1110 /16
2
petitioner herein in not warranted and bail can be granted to him subject to the following conditions.
(i) Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.
(ii) He shall appear before the Investigating Officer as and when required for interrogation.
(iii) He shall not get involved in any other identical offence and shall not threaten, coerce or intimidate the de facto complainant or his witnesses.
The anticipatory bail application is allowed as above.
Sd/- SUNIL THOMAS Judge
Sbna/26/2/16
True Copy
P A to Judge
1 issue framed by the court
Whether custodial interrogation is warranted for the applicant who handled ivory of captive elephants.
1 provisions across 1 enactments
Aji Brite
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
