Allowed

A.M.Kuriakose v. State of Kerala

Kerala HC20 Aug 2019Bail Appl./5705/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam granted pre-arrest bail to the petitioner accused under Section 51 of the Wildlife Protection Act. The court considered the petitioner's age and lack of criminal antecedents, ruling that custodial interrogation was unnecessary. Bail was allowed with specific sureties and conditions.

What did the court decide?

The application for bail under Section 438 Cr.P.C. was allowed. The petitioner was directed to be released upon execution of a bond for Rs.40,000 with two sureties and compliance of stipulated conditi

A.M.Kuriakose Vs State of Kerala — Bail and Remand | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 20TH DAY OF AUGUST 2019 / 29TH SRAVANA, 1941

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Bail Appl..No.5705 OF 2019

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OR NO.1 OF 2019 OF INCHATHOTTY FOREST STATION

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PETITIONER/S:

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A.M.KURIAKOSE AGED 73 YEARS

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S/O.VARKEY MATHAI, AIVATHUKUDIYIL HOUSE, URULANTHANNI.P.O., ERNAKULAM DIST.

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BY ADVS.

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SRI.T.P.PRADEEP SRI.S.SREEDEV

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RESPONDENT/S:

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STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER HIGH COURT OF KERALA, ERNAKULAM (THROUGH INSPECTOR FOREST RANGE OFFICER, NERIAMANGALAM).

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OTHER PRESENT:

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SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. BA 5705/19

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O R D E R

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The petitioner is the accused in O.R. No.1 of 2019 of Inchathotty Forest Station registered under various provisions of the Wildlife Protection Act punishable under

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Section 51 of the said Act.

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The prosecution allegation is that on 22.7.2019, one elephant was found dead at Kochu Knacherry, which is near to the property in possession of the petitioner. It is alleged that the said elephant died due to electrocution. It is further alleged that the petitioner had made electric fencing around his property. The dead body of the elephant was found only after one month of its death.

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The petitioner has filed this application praying for

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the relief under Section 438 Cr.P.C.

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Heard

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Case No. BA 5705/19

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-3-

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The learned Public Prosecutor has submitted that

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the petitioner has no criminal antecedent. It appears that the body of the elephant was found only after one month from the date of incident, which would show that nobody was residing near to that area. It further appears that the petitioner is aged 73 years. The petitioner has no criminal antecedent also. Having gone through the relevant inputs, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioner.

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In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with O.R. No.1 of 2019 of

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Inchathotty Forest Station on condition of the petitioner

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Case No. BA 5705/19

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executing a bond for Rs.40,000/-(Rupees forty thousand

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only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before

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whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following conditions:

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(i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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(iii) The petitioner shall not get involved in any other offence during the pendency of this case.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

A.M.Kuriakose v. State of Kerala

Case brief

What is this about?

What did the court decide?

A.M.Kuriakose v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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