Allowed

Abid T.A v. State of Kerala

Kerala HC9 Mar 2017Bail Appl./1069/2017

Case brief

AI extract

What is this about?

High Court of Kerala allowed bail application filed by petitioner, the third accused in an O.R. under Wild Life Protection Act involving trafficking of hill parrots, imposing standard conditions including bond, appearance, and surrender of passport.

What did the court decide?

Petitioner released on bail after interrogation, executing a bond of Rs. 25,000 with two solvent sureties and complying with specified conditions.

Abid T.A Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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THURSDAY, THE 9TH DAY OF MARCH 2017/18TH PHALGUNA, 1938

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Bail Appl..No. 1069 of 2017

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OR NO. 12/2016 OF MECKAPPALA FOREST STATION OFFICE, ERNAKULAM

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----------------

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PETITIONER/3RD ACCUSED: -----------------------

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ABID T.A, AGED 39 YEARS, S/O.AKBAR ALI, THALIKKAL, CHULLIKKAL, KOCHI.

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BY ADVS.SRI.R.SUDHISH SMT.M.MANJU

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RESPONDENT/COMPLAINANT:

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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 09-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.V.

K.ABRAHAM MATHEW, J.

B.A.No.1069 of 2017

Dated this the 9^th day of March, 2017

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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The petitioner is the 3^rd accused in

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O.R.No.12/2016 of the Meckappala Forest Station registered for

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the offences under Sections 2(1b), (b), 9, 39, 49, 50 and 51 of the Wild Life Protection Act. The prosecution case is that he and the accused Nos.1 and 4 kept five hill parrots for sale in their shop. The parrots were supplied by the 2^nd accused.

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Heard.

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The learned counsel submits that the petitioner

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is not at all involved in the incident and he has no interest in

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the business run by the other accused. The only document which discloses involvement of the petitioner is the confession of the 1^st accused. He told the forest officers that the shop was run by him and the petitioner and the 4^th accused. But the interest of the petitioner in the business is not disclosed. Because of this reason the 4^th accused was granted anticipatory bail by this Court. The petitioner also is entitled to anticipatory bail.

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B.A.No.1069 of 2017

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In the result, the application is allowed.

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The petitioner shall be released on bail after

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interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum if he is arrested by the investigating officer in connection with this case.

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He shall appear before the investigating officer for interrogation on the 7^th and 14^th days after he is released on bail.

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He shall surrender his passport before the

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lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

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He shall not get themselves involved in any other criminal case while he is on bail.

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He shall not intimidate or attempt to influence

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the witnesses.

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He shall not destroy or tamper with evidence.

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If the petitioner surrenders before the Magistrate,

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this order is not applicable and the learned Magistrate may pass appropriate orders.

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B.A.No.1069 of 2017

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In case of violation of any of the above conditions,

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the lower court concerned is empowered to cancel the bail in

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accordance with the law.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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// True Copy // P.A. to Judge

Abid T.A v. State of Kerala

Case brief

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Abid T.A v. State of Kerala

Case brief

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