Disposed

Velayudhan v. State of Kerala

Kerala HC8 Sept 2016Bail Appl./5985/2016

Case brief

AI extract

What is this about?

This court disposed of a pre-arrest bail application by directing the petitioners to surrender for interrogation regarding their alleged role in trapping and killing a wild boar. Regular bail will be considered by the Magistrate after interrogation and recovery of weapons.

What did the court decide?

Petitioners directed to surrender for interrogation; regular bail to be considered by Magistrate based on interrogation report.

Velayudhan 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 8TH DAY OF SEPTEMBER 2016/17TH BHADRA, 1938

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Bail Appl..No. 5985 of 2016 ()

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OR.NO.3/2016 OF POONGODE FOREST RANGE, MALAPPURAM DISTRICT.

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PETITIONER(S)/ACCUSED NO.2,3 & 4:

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1. VELAYUDHAN,

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AGED 56 YEARS,S/O.CHAKKAN, PARITHAPURATHIPADI HOUSE,

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NEDUMPURA VILLAGE, PANNIYADI DESOM,

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THALAPPILLY TALUK, THRISSUR DISTRICT.

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2. SURENDRAN, AGED 39 YEARS, S/O.CHAKKAN, KADALAMKUNNATH HOUSE, NEDUMPURA VILLAGE, PANNIYADI DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT.

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3. SUNDARAN, AGED 55 YEARS, S/O. KOLAVAN, KOZHIMAMPARAMBU COLONY, NEDUMPURA P.O, CHERUTHURUTHY VILLAGE, THALAPPILLY TALUK,THRISSUR DISTRICT.

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BY ADVS.SRI.SANTHOSH P.PODUVAL

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SMT.R.RAJITHA

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SMT.VINAYA V.NAIR

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RESPONDENT/STATE:

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

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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P.UBAID, J.

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- - - - B.A.No. 5985 of 2016

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- - - - Dated this the 08^th day of September, 2016

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ORDER

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The petitioners herein seek pre-arrest bail under

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Section 438 of the Code of Criminal Procedure on the

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apprehension of arrest in connection with O.R.No. 03 of 2016 of the Poongode Forest Range, registered under Sections 2 (16), 2(20), 9, 39, 50, 51 and 57 of the Wild Life (Protection)

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Act, 1972. They are the accused Nos. 2 to 4 in the above crime.

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The prosecution case is that on 19.7.2016, these petitioners and the first accused, trapped and killed a wild boar for meat. The first accused has already been granted bail by the Court of Session on 6.8.2016.

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In the nature of the allegations, I feel it appropriate to direct the petitioners to surrender before the Investigating Officer for necessary interrogation. Their interrogation for the collection of some materials concerning

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B.A.No. 5985 of 2016

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-2-

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the exact role and complicity of each of the accused, the way in which the wild boar was trapped, the weapon used, the person who actually used the meat, etc., is felt necessary. After interrogation, their request for bail can be considered by the learned Magistrate, on a consideration of all the aspects including recovery of the weapon, and also the fact that the first accused is on bail.

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In the result, this application for bail is disposed of as follows:

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a) The petitioners will surrender before

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the investigating officer between 9.00 a.m. and 10.00 a.m. on any day within two weeks from this date for the purpose of interrogation as part of investigation.

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b) After necessary interrogation, the investigating officer will produce the petitioners before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.

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B.A.No. 5985 of 2016

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-3-

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c) In case application for regular bail is

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filed by the petitioners, the same shall be judiciously considered and decided by the learned Magistrate on the same day on merits.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Velayudhan v. State of Kerala

Case brief

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Velayudhan v. State of Kerala

Case brief

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