Allowed

Ashoka v. State of Kerala

Kerala HC22 Jan 2020Bail Appl./157/2020

Case brief

AI extract

What is this about?

This bail application was filed by the second accused in a wild life offence case. The High Court granted pre-arrest bail, directing the petitioner to surrender for interrogation, while imposing conditions regarding financial bond, cooperation with investigation, and non-interference with evidence.

What did the court decide?

Pre-arrest bail granted subject to surrender on 27.01.2020, execution of a bond for Rs. 50,000 with sureties, availability for interrogation, and cooperation with the investigation.

Ashoka Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 22ND DAY OF JANUARY 2020 / 2ND MAGHA, 1941

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Bail Appl..No.157 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 3945/2019 DATED 12-12-2019 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL , KASARAGOD

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In O.R.NO.21/2019 OF Kasaragod Forest Range Office , Kasargod

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PETITIONER/SECOND ACCUSED :-

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ASHOKA AGED 34 YEARS S/O.AMBU, RESIDING AT DELAMPADY GRAMA PANCHAYAT, DELAMPADY P.O., KASARAGOD DISTRICT.

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BY ADVS. SRI.A.N.SANTHOSH SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENTS/STATE :-

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031.

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2 THE FOREST RANGE OFFICER, KASARAGOD FOREST RANGE, VIDYANAGAR P.O., KASARAGOD DISTRICT- 671123.

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BY SRI.C.N PRABHAKARAN, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.157 OF 2020

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ORDER

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Dated this the 22nd day of January 2020

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Application for pre-arrest bail.

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The petitioner is the second accused in

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O.R.No.21 of 2019 of 2019 of Kasargod Forest Range

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registered for the offences punishable under Sections 2(1), 2(14), 2(16), 2(20), 2(33), 2(35), 2(36), 9, 39, 50 and 51 of Wild Life Protection

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Act.

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The prosecution allegation is that the

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accused had hunt a wild pig on 14.10.2019 and

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shared the flesh between them and kept the same in the residence of the first accused. The Forest Officials, on getting reliable information, conducted search and found 4 kilograms of cooked meat and raw meat of the wild pig and the weapons

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used by them to hunt the wild pig and thereby, this petitioner along with other accused had committed the aforesaid offences.

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Bail Appl..No.157 OF 2020

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Heard both sides.

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The learned counsel for the petitioner

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submitted that he is absolutely innocent and he

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has not committed any of the offences alleged against him. He has no connection with the first accused but he apprehends arrest by the Forest Officials and hence this petition.

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The learned Public Prosecutor has

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submitted that the first accused was arrested from his residence on 14.10.2019 with the meat of the wild pig hunt by them along with the weapons

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used by the accused. The investigation of the

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case is going on. But this petitioner was absconding right from the arrest of the first accused. So the investigation could not be proceeded with smoothly.

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The records would reveal that the flesh

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of the wild animal and the weapons used by the

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accused persons had been recovered from the residence of the first accused.

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Considering the nature of the accusation

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Bail Appl..No.157 OF 2020

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levelled against this petitioner and other facts and circumstances involved in this case, I think

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that this petition can be disposed of directing him to surrender before the Investigating Officer and co-operate with the investigation of the case. So he has to surrender on 27.01.2020 at

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10.30 a.m, upon such surrender, after interrogation, he shall be released on bail subject to the following conditions :-

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(i) The petitioner shall be released on bail, on executing a bond for a sum of Rs.50,000/(Rupees Fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the officials in connection with the above crime.

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(ii) He shall be made available before the Investigating Officer for interrogation as and when required by him, in writing. He shall cooperate with the investigation of the case.

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(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

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Bail Appl..No.157 OF 2020

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dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iv) He shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the learned Magistrate is empowered to

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cancel the bail in accordance with the law.

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Sd/-

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SHIRCY V. JUDGE

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SMA

Ashoka v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashoka v. State of Kerala

Case brief

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What did the court decide?

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