Common order granting anticipatory bail to two applicants under Section 438 Cr.P.C in a wildlife offence case. Bail was allowed in part for some accused with sureties and conditions, while dismissed for others.
Accused Nos.2 and 3 released on bail on ₹50,000 bond each with sureties; accused must surrender within two weeks.
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 ASHOK MENON
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Bail Appl..No.136 OF 2021
CRIME NO.10/2020 OF Olavakkode Forest Range Office, Palakkad
PETITIONER/S:
1 K.V.VAKKACHAN AGED 65 YEARS SON OF VARKEY, PLAMPARAMBIL, EZHAKKAD P.O, MUNDUR, PALAKKAD DISTRICT, 678631
2 VINOD OUSEPH AGED 52 YEARS SON OF OUSEPH, KOOTHANIYIL HOUSE, EZHAKKAD P.O, MUNDUR, PALAKKAD DISTRICT
3 MANIKANDAN AGED 51 YEARS SON OF KESAVAN, VELLAYAKADU HOUSE, EZHAKKAD P.O, MUNDUR, PALAKKAD DISTRICT
BY ADV. SRI.NIREESH MATHEW
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2021, ALONG WITH Bail Appl..141/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.136 OF 2021 & 141 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Bail Appl..No.141 OF 2021
CRIME NO.10/2020 OF Olavakkode Forest Range Office, Palakkad
PETITIONER/S:
BABU GEORGE @ JOSEPH GEORGE AGED 57 YEARS SON OF VARKEY, THAIPARAMBIL HOUSE, EZHAKKAD P.O, MUNDUR, PALAKKAD DISTRICT, 678631
BY ADV. SRI.NIREESH MATHEW
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
R1 BY PUBLIC PROSECUTOR SRI.SANTHOSH PETER-SRPP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2021, ALONG WITH Bail Appl..136/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.136 OF 2021 & 141 OF 2021
3
COMMON ORDER
[ Bail Appl..136/2021, Bail Appl..141/2021 ] Dated this the 19th day of January 2021
This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.
The applicants in BA No.136/2021 are accused Nos.4, 3 and 2 respectively, while the applicant in BA No.141/2021 is the first accused in OR No.10/2020 of Forest Range Office, Olavakkode, Palakkad, for having allegedly committed offences punishable under Sections 2(14), 16(a), (b), 20, 35, 36(9), 39, 50(c) and 51(1) of the Wild Life Protection Act, 1972.
wild boar was ensnared in a trap that was laid in the rubber estate belonging to the 4th accused. On finding, all the remaining accused joined together
Bail Appl..Nos.136 OF 2021 & 141 OF 2021
4
to slaughter the wild boar and share the meat. On
getting information, a raid was conducted in the houses of all these accused persons. Boar meat and
some other articles used for ensnaring the wild boar were also recovered from the house of the first accused while blood-stained chopper and knife were recovered from the house of the 4th accused. Searches of the houses of accused Nos.2 and 3 did not yield any incriminating materials. However, they have been incorporated as accused on the basis of the alleged statements given by the other co-accused.
private agricultural property. However, no information was given to the forest officials
Bail Appl..Nos.136 OF 2021 & 141 OF 2021
5
regarding the trespass of the wild boar into the
property of the 4th accused and the accused definitely were not justified in ensnaring the
wild boar and consuming the meat. There are incriminating circumstances against accused Nos.1 and 4, therefore they are not entitled to the extraordinary remedy of anticipatory bail. However, there is no incriminating material collected against accused Nos.2 and 3 except for alleged confession statements given by the other co-accused.
accused Nos.2 and 3 are entitled to anticipatory bail since they are not likely to abscond and are willing to co-operate with the investigation.
while BA No.136/2021 is allowed in part. The
accused are all directed to surrender before the investigating officer within two weeks. In the
Bail Appl..Nos.136 OF 2021 & 141 OF 2021
6
event of their arrest, accused Nos.1 and 4 shall
be interrogated and after recovery if any, they shall be produced before the jurisdictional court
where they are at liberty to apply for a regular bail which shall be considered and preferably disposed of on the same day. Accused Nos.2 and 3 shall be released on bail on the execution of bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties for the like amount each
to the satisfaction of the investigating officer and on the following conditions;
1.They shall not tamper with evidence,
influence or intimidate witnesses.
2.They shall appear before the investigating officer as and when called for.
3.They shall not get involved in similar offences during the bail period.
In the event of violating the bail conditions,
the prosecution shall be at liberty to apply for
Bail Appl..Nos.136 OF 2021 & 141 OF 2021
7
cancellation of bail before the jurisdictional
court.
Sd/-
ASHOK MENON
JUDGE
SPK
3 issues framed by the court
Whether accused Nos.2 and 3 are entitled to anticipatory bail considering lack of incriminating material against them.
Whether accused Nos.1 and 4 are entitled to anticipatory bail given incriminating circumstances.
What conditions and directions should be imposed upon granting or dismissing anticipatory bail.
2 provisions across 2 enactments
K.V. Vakkachan
Vinod Ouseph
Manikandan
Babu George
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
