The High Court of Kerala granted anticipatory bail to three petitioners accused in a poaching case under the Kerala Forest Act and Wild Life Protection Act, directing surrender within ten days and a bond of Rs. 50,000 each.
Petitioners granted liberty to surrender within ten days on bail of Rs. 50,000 each with two sureties; bail allowed on conditions.
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.
BAIL APPL. NO. 3451 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943 BAIL APPL. NO. 3451 OF 2021
PETITIONER/S:
1 SHAFEEQ.A AGED 36 YEARS ALAYAN HOUSE, ARAKKUPARAMBA.P.O, PERINTHALMANNA, MALAPPURAM., PIN - 679341 2 HAMZA AGED 55 YEARS VELLANCHOLA, MANATHUMANGALAM, PERINTHALMANNA, MALAPPURAM, PIN - 679323 3 SIDHIQUE AGED 46 YEARS NALINTAKATHU, THEYYOTTUCHIRA, ARAKKUPARAMBA.P.O, PERINTHALMANNA, MALAPPURAM BY ADV T.K.SANDEEP
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV SRI. SANTHOSH PETER PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 3451 OF 2021
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ORDER
A ccused Nos. 11, 6 and 9 respectively in O.R. No. 2/2020 of Mannarkkad Forest Range Office in Palakkad District, are the petitioners in this application filed under Section 438 of the Cr.P.C. They apprehend arrest in connection with the O.R. registered alleging offence punishable under Sections 27(1)(e)(iv) of the Kerala Forest Act, 1961 and Sections 2,9,31,32,35(6),35(8),50,51, 52,56 and 57 of the Wild Life Protection Act.
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onwards there are allegations against the petitioners that they are engaged in poaching in reserve forest. There is one more case against the 1st petitioner, three cases against the 2nd petitioner and two cases against the 3rd petitioner. Anyhow, out of the 21 accused 17 have already been arrested and, in the nature of the allegation custodial interrogation of the petitioners is not necessary. Only thing is that they should co-operate with the investigation.
In the circumstances, having regard to the above submissions, since the main accused have already been granted bail, it does not seem that custodial interrogation of the petitioners is warranted in the case. Therefore, The petitioners shall be at liberty to surrender before the investigating officer within ten days from today and will make themselves available for interrogation; in the event of arrest, they shall be released on bail on executing a bond for Rs.50,000/- (fifty thousand rupees only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer; they shall co-operate with the
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investigation, shall not try to contact or influence the witnesses or
tamper with the evidence; shall not involve in any crime during the period on bail.
Bail Application is allowed as above.
Sd/-
K.HARIPAL
JUDGE
rps/
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners facing arrest in connection with forest and wildlife offenses.
Whether the allegations of poaching and the statements recorded from the second accused warrant custodial interrogation.
3 provisions across 3 enactments
SHAFEEQ.A
HAMZA
SIDHIQUE
STATE OF KERALA
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
