The Kerala High Court granted anticipatory bail to two accused persons involved in alleged wildlife shooting. The court directed them to surrender for interrogation within ten days and imposed strict conditions to facilitate investigation.
Accused enlarged on bail subject to surrender, interrogation, weekly meetings, and non-interference 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 9TH DAY OF MARCH 2023 / 18TH PHALGUNA, 1944
BAIL APPL. NO. 480 OF 2023
CRIME NO.7/2022 OF KALPETTA FOREST RANGE OFFICE, WAYANAD
PETITIONERS/ACCUSED 1 AND 2:
1 KUTTAPPAN @ JOHNY AGED 46 YEARS S/O OUSEPH, RESIDING AT MAVOLIL HOUSE, KAPPIKKALAM, VARAMBETTA P.O, PADINJARATHARA, VYTHIRI TALUK, WAYANAD DISTRICT,, PIN - 673575
AGED 55 YEARS S/O KUNJUPILLAI, RESIDING AT PATHALIL HOUSE, KAPPIKKALAM, VARAMBETTA P.O, PADINJARATHARA, VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673575 BY ADVS. J.R.PREM NAVAZ SUMEEN S.
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN, PIN - 682031 2 FOREST RANGE OFFICER KALPETTA FOREST RANGE, WAYANAD DISTRICT., PIN - 673122 BY ADV.P.G.MANU, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NO. 480 OF 2023
ORDER
Dated this the 9th day of March, 2023
This is an application for anticipatory bail filed by accused Nos.1 and 2 in O.R.No.7/2022 of Kalpetta Forest Range Office, Wayanad.
of the case diary placed by the learned Public Prosecutor.
of the prosecution is that the above three persons hunted the
BAIL APPL. NO. 480 OF 2023
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above 'Cervus unicolor' against the restrictions contained in the Wildlife (Protection) Act, 1972 and accordingly, they have committed offences punishable under Sections 27(1)(e)(iv) of the Kerala Forest Act and Sections 9, 29, 39(1), 50 and 51 read with Section 2(16)(35)(36) of the Wildlife (Protection) Act.
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BAIL APPL. NO. 480 OF 2023
have committed by the accused and pointed out the necessity of custodial interrogation.
allegation could be noticed, prima facie . In the mahazar itself, the presence of the petitioners at the place of occurrence is narrated, though the Forest Officials could not arrest them. In fact, who are the persons behind this crime is a matter of serious investigation, I leave the same to the domain of the Investigating Officer, for a fair and impartial investigation. However, effective investigation is possible by directing the petitioners to subject themselves for interrogation, for the purpose of investigation. Therefore, I am inclined to grant anticipatory bail to the petitioners herein, on conditions, and with specific direction to them to subject themselves for interrogation to aid the investigation.
In the result, the bail application stands allowed and the petitioners can be enlarged on bail, on the following
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conditions:
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BAIL APPL. NO. 480 OF 2023
fail, for a period of two months to aid the investigation.
Sd/-
A. BADHARUDEEN JUDGE
nkr
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in the facts of the case.
What conditions should be imposed to ensure effective investigation and interrogation of the accused.
KUTTAPPAN @ JOHNY
KRISHNANKUTTY
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
