High Court of Kerala dismissed bail application of 1st accused in wildlife offence case. Bench found prima facie complicity and held it was not a fit case for exercising Section 438 Cr.P.C. powers, directing surrender for regular bail.
Application dismissed; directed to surrender to Investigating Officer to seek regular bail.
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 RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940
Bail Appl..No. 2530 of 2018
OR NO. 1/2018 OF PERUVANNAMOOZHI FOREST RANGE OFFICE, KOZHIKODE
PETITIONER/1ST ACCUSED:
GEORGEKUTTY JOHN, S/O. JOHN, AGED 44 YEARS, VETTIKKALAYIL HOUSE, CHEMPANODA P.O., PERUVANNMUZHI-VIA, KOZHIKODE DISTRICT.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031.
2 FOREST RANGE OFFICER, PERUVANNAMUZHI FOREST RANGE OFFICE, PERUVANNAMUZHI P.O., KOZHIKODE DISTRICT, PIN - 673 528.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:2530/18
2
ORDER
This application is filed under Section 438 of the Cr.P.C.
house on a pretext of changing his clothes and thereafter, took to his heels.
BA:2530/18
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found in the nearby coconut plantation and all that the applicant had done was collected some meat for his consumption.
BA:2530/18
4
Investigating Officer or the court having jurisdiction and seek regular bail. If an application for bail is preferred, the same shall be considered and orders shall be passed on its merits ideally on
the same day itself.
This application is dismissed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
krj
//TRUE COPY// P.A. TO JUDGE
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. given the prima facie evidence of complicity.
Whether the case involves sufficient materials to justify anticipatory bail despite the petitioner's claim of innocence.
2 provisions across 2 enactments
GEORGEKUTTY JOHN
STATE OF KERALA
FOREST RANGE OFFICER, PERUVANNAMUZHI FOREST RANGE OFFICE
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
