The High Court at Ernakulam granted regular bail to the 2nd accused in a case involving illegal storage of explosives to endanger wild animals, imposing conditions regarding bonds, interrogation, non-interference with evidence, and no new offences.
Petitioner released on bail on bond of Rs. 1,00,000 with two sureties for like sums.
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. 8680 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 2ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943 BAIL APPL. NO. 8680 OF 2021
(CRIME NO.571 OF 2020 OF MANNARKAD POLICE STATION, PALAKKAD) PETITIONER/ACCUSED NO.2
RIYASUDEEN @ MANU, AGED 38 YEARS S/O. ABDUL KARIM, OTHUKKUMPURATH HOUSE, MUNDAKKUNNU, EDATHANATTUKARA POST, PALAKKAD DISTRICT.
BY ADVS. S.RAJEEV K.K.DHEERENDRAKRISHNAN V.VINAY M.S.ANEER SARATH K.P.
RESPONDENT/STATE
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 682 031. (CRIME NO. 571/2020 OF MANNARKAD POLICE STATION, PALAKKAD DISTRICT 678 582).
OTHER PRESENT:
SMT. SREEJA.V- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
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the death of an elephant a search was conducted by the forest officials and explosives were seized from the shed inside the coconut plantation owned by the 1st accused. On investigation it was revealed that the explosives were kept by the accused and this petitioner to endanger the life of wild animals and thereby this crime was registered by the police against this petitioner on the basis of the report submitted by the forest officials.
10 . Considering the fact that further detention of the petitioner is not required in this case, I am inclined to release him on bail subject to the following conditions.
(i) The petitioner shall be released on bail on his executing bond
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for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions,
the jurisdictional court is at liberty to cancel the bail in accordance with the law.
Sd/-
SHIRCY V. JUDGE
smm
1 issue framed by the court
Whether the petitioner should be released on regular bail after incarceration for alleged offences involving explosives and animal endangerment.
3 provisions across 3 enactments
RIYASUDEEN @ MANU
STATE OF KERALA
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
