Allowed

John K.Thomas v. State of Kerala

Kerala HC24 Mar 2017Bail Appl./1195/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application filed by John K. Thomas accused under the Wild Life Protection Act. The court granted bail noting that while wild swine was found in a trap on the petitioner's property, the possibility of a stranger setting the trap cannot be ruled out without investigation.

What did the court decide?

Bail granted on executing a bond of Rs.25,000 with two solvent sureties for ₹25,000 each.

John K.Thomas Vs State of Kerala — Narcotics (NDPS) | 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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FRIDAY, THE 24TH DAY OF MARCH 2017/3RD CHAITHRA, 1939

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Bail Appl..No. 1195 of 2017

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O.R.NO. 4 OF 2017 OF FOREST RANGE OFFICE, NEMMARA

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APPLICANT(S)/ACCUSED :

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JOHN K.THOMAS, S/O.LATE K.T.THOMAS, AGED 69 YEARS, KOODATHINAL HOUSE, THENIDUKKU, PARUVASSERY P.O., VADAKKENCHERY, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.JOHN JOSEPH(ROY)

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RESPONDENT(S)/COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, NEMMARA, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31.

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BY PUBLIC PROSECUTOR SRI. AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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K.ABRAHAM MATHEW, J.

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B.A.No. 1195 of 2017

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Dated this the 24^th day of March, 2017

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the accused in O.R.No.4 of 2017 of Forest Range

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Office, Nenmara registered for the offences under Sections 9, 2(16)b and 51 of the Wild Life Protection Act.

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The prosecution case is that he caught a wild swine in a trap

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set up in the boundary of his property. The animal died. The learned counsel submits that the allegation that it was he who set up the trap is false.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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There is no dispute that the body of the wild swine was found in a trap on the boundary of the petitioner's property. The adjoining property belongs to another person, who is abroad. The probability of a stranger setting up the trap cannot be ruled out. It is a matter to be ascertained

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during investigation. So I am inclined to grant the prayer of the petitioner.

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In the result, this Bail Application is allowed.

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i. The petitioner shall be released on bail after

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interrogation on his executing a bond for Rs.25,000/-

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(Rupees Twenty five thousand only) with two solvent

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B.A.No. 1195 of 2017 2

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sureties each for the like sum if he is arrested by the

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investigating officer in connection with this case.

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ii. He shall appear before the investigating

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officer for interrogation on 7^th and 14^th days after his release.

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iii. He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

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iv. 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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If he surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

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In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

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K.ABRAHAM MATHEW JUDGE

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B.A.No. 1195 of 2017 3

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The place of the Forest Range Office “Nenmara” occurring in the final order dated 24.03.2017 in B.A.No.1195/2017 is corrected and substituted

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as the Forest Range Office “Alathur”, as per order dated 06.04.2017 in

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Crl.M.A.No.3600/2017 in B.A.1195/2017.

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Sd/-

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Registrar (Judicial)

John K.Thomas v. State of Kerala

Case brief

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John K.Thomas v. State of Kerala

Case brief

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