Kerala High Court
Prince P.D vs State Of Kerala on 4 February, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
Bail Appl.No.21 OF 2021
O.R.NO.01/2020 OF Aralam Forest Range, Kannur
PETITIONER/S:
PRINCE P.D,
AGED 37 YEARS,
PALATHINKAL, CHETTIYAMPARAMB,
POOKUNDU, KELAKAM - 670674.
BY ADV. SRI.J.R.PREM NAVAZ
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
R1 BY SRI.SANTHOSH PETER-SRPP
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.21 OF 2021
2
O R D E R
Dated this the 4th day of February 2021 This is an application seeking anticipatory bail filed under Section 438 Cr.PC.
2. The applicant is the sole accused in O.R.No: 01 of 2020 of Aralam range for having allegedly committed offences punishable under Section 27 of the Kerala Forest Act and under Sections 2, 9 and 51 of the Kerala Wild life Protection Act. The prosecution case, in brief, is that the applicant allegedly trespassed into the reserve forest for the purpose of hunting of wild animals and allegedly laid a trap for hunting wild animals and thus committed the offence.
3. The applicant states that he is innocent and the allegations are not true. He is an ex-serviceman and that he has been falsely implicated in the crime. Moreover, it is also stated that he is residing within 10 k.m. of the wildlife sanctuary and is therefore entitled to the benefit of Section 50(c) of the Act. Therefore, no offence of trespassing would lie against him. It is also stated that he has no criminal antecedents. He is willing to cooperate with the investigation and seeks pre-arrest bail. Bail Appl.No.21 OF 2021 3
4. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.
5. The applicant has not allegedly hunted down any animal and he had only laid down traps for hunting wild animals. The specific allegation against him is that he had trespassed into the forest area. But he has also set up a defence under Section 50(c) of the Act . Those are matters to be considered by the trial court during trial and therefore that need not be considered/decided here. However, in view of the fact that the applicant has no criminal antecedents, I find that custodial interrogation of the applicant is not necessary. There is nothing to be recovered from him.
In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be released on bail on execution of bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer, and on the following further conditions:
(i) He shall appear before the investigating officer as and when called for and co-operate with the investigation.
(ii) He shall not tamper with evidence or intimidate or influence the witnesses.
Bail Appl.No.21 OF 2021 4
(iii) He shall not get involved in any similar offence during the currency of the bail.
In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.
Sd/-
ASHOK MENON JUDGE jg Sd/-
ASHOK MENON JUDGE