Kerala High Court
V.Shaji vs State Of Kerala on 23 February, 2018
Author: Annie John
Bench: Annie John
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939
Bail Appl.No. 49 of 2018
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CRIME NO. 3/2017 OF ERUMAPPETTY FOREST STATION OFFICE, TRISSUR
PETITIONER :
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V.SHAJI,
AGED 54 YEARS, S/O. VISHWAMBHARAN,
'KAVERI PUTHANKULALM', PUTHANKULAM P.O., PARAVOOR,
KOLLAM.
BY ADV.SRI.N.MAHESH
RESPONDENT/ COUNTER PETITIONER :
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY SENIOR PUBLIC PROSECUTOR SRI.K.B. UDAYAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-02-2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
RKM
ANNIE JOHN, J.
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B.A. No.49 of 2018
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Dated this the 23rd day of February, 2018
ORDER
The petitioner herein is the accused in Crime No.3/2017 of Erumapetti Forest Range, now pending before the Judicial First Class Magistrate Court, Chavakkad. The said crime was registered under Section 51 of the Wild Life (Protection) Act, 1972 and Rule 5 of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003. According to the prosecution, three mahouts of Guruvayoor Devaswom were arrested in the crime alleging that, they made an attempt to sell pieces of tusks of captive elephants for manufacturing of a particular medicine. The petitioner and his family are having elephants for the past 40 years and the petitioner is keeping them with all licenses and permits. The Kerala Captive Elephants (Management and Maintenance) Rules, 2003 have been made according to Section 64 of the Wild Life Protection Act, 1972. The pruning of the tusks is being done in view of Rule 5 of the above Captive Elephant Rules. It is further stated by the learned counsel for the petitioner that the periodical pruning of the tusks of the petitioner's elephants have been done only with the permission of the Forest Officials and that too in their presence. The investigating officers can at any time measure out the length of the B.A. No.49 of 2018 2 tusks of the elephants. The petitioner was falsely implicated in another case in Crime No.12 of 2015 of Paruthippally Forest Range and this Court granted anticipatory bail in the above crime. The learned counsel for the petitioner submits that the petitioner is ready to co-operate with the investigation and the investigating team can come to the tethering place of the petitioner's elephants and to measure out their tusks at any time.
2. The learned Public Prosecutor has strongly opposed the application by stating that the petitioner has not complied with the provisions of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003 and also violated Rule 5 of the above Captive Elephant Rules. It is an admitted facts that the petitioner is keeping the captive elephant with license and permits. According to the petitioner, he pruned tusks of the elephants with the permission of the concerned authorities. It was also stated that by the counsel for the petitioner that the petitioner is having possession of more elephants. He is keeping them after complying of the rules of the Wild Life Protection Act and the Kerala Captive Elephants (Management and Maintenance) Rules. He also stated that he is entitled to keep the elephants lawfully and deals with the tusks of the elephants periodically to be pruned. So, the only question to be considered is whether the petitioner has pruned the tusk of the B.A. No.49 of 2018 3 elephant without the permission of the authorities, for which the custodial interrogation is necessary. If at all petitioner has violated the provision, the authorities can very well measure out the tusk of the elephants for which custodial interrogation is not required.
3. Therefore, the anticipatory bail, as sought for by the petitioner can be allowed under the following conditions :-
1. The petitioner shall surrender before the Forest Range Officer, Erumapetti Forest Range on or before 16.03.2018 between 10.00.a.m. and 11.00.a.m. and after interrogation, he shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2. Petitioner shall appear before the Investigating Officer on every alternate Saturdays for three months commencing from 23.03.2018 till investigation is over or filing charge sheet, whichever is earlier.
3. Petitioner shall not involve in any other offences while on bail.
4. If the petitioner violates any of the above conditions, the bail, granted to him, shall stand cancelled, forthwith.
Sd/-
ANNIE JOHN JUDGE True Copy PA to Judge RKM