Allowed

Shibu John v. State of Kerala

Kerala HC18 Aug 2016Bail Appl./4107/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by Shibu John under Section 438 CrPC in a case related to the possession of a wild gaur skull. The court observed that forest officials failed to verify the age of the skull despite repeated directions. The petition received conditional bail.

What did the court decide?

Bail granted on bond with two sureties of ₹40,000 each, subject to reporting to the investigating officer twice weekly and not leaving the Chedaleth Forest Range.

Shibu John Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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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 P.UBAID

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THURSDAY, THE 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938

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Bail Appl..No. 4107 of 2016 ()

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------------------------------O.R. NO. 1/2016 OF CHEDALETH FOREST RANGE, WAYANAD DISTRICT

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PETITIONER/ACCUSED:

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SHIBU JOHN, AGED 49 YEARS, S/O. JOHN, PILLEDATH HOUSE, MYLAMBADI P.O., MEENANGADI, SULTHAN BATHERY, WYNAD DISTRICT.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.UBAID, J.

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--------------------------------------B.A No.4107 of 2016

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Dated this the 18^th day of August, 2016

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O R D E R

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The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with O.R No.1/2016 of the Chedaleth Forest Range, registered under Sections 9, 39, 40, 42, 44, 50 and 51 r/w 2(1) (16), (35), (36) of the Wild Life Protection Act.

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The prosecution allegation is that the skull of a wild gaur was seen affixed on the wall, inside a building purchased by the petitioner herein in the year 2005. It is a very old building. The forest officials found the said skull on 6.4.2016. Repeated directions were given to the forest officials to report the age of the skull on the basis of scientific materials. Inspite of repeated opportunities and directions the forest officials could not authentically report the exact age of the said skull. The definite case of the petitioner is that it had been there even when he purchased the building in 2005, and it was not infact installed by him. Anyway let it be probed into

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B.A No.4107 of 2016 2

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thoroughly whether it was infact installed by the petitioner, from where he obtained it, what exactly is the age of the skull, etc; When the petitioner is definite that it is a very old one which had in fact been there even before 2005, the forest officials find it difficult to substantiate otherwise. It is really doubtful whether the petitioner, in the above circumstances, can be prosecuted under the provisions of the Wild Life Protection Act. In such a situation, I feel it appropriate to grant him bail on conditions.

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In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 40,000/- (Rupees₹ forty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with O.R No.1/2016 of the Chedaleth Forest Range. Bail is granted on condition that

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a) The petitioner shall report before the investigating officer between 10 am. and 11 am on all Fridays for a period of two months.

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b) The petitioner shall not leave the limits of Chedaleth Forest Range for a period of two months.

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c) The petitioner shall not in any manner

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B.A No.4107 of 2016

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influence or intimidate the material witnesses, or he shall not have any contact with the material witnesses directly or over telephone or otherwise.

Sd/P.UBAID JUDGE

//True Copy//

P.A to Judge

Shibu John v. State of Kerala

Case brief

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Shibu John v. State of Kerala

Case brief

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