Kerala High Court
Eldho K. Mathew vs State Of Kerala on 26 September, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY,THE 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA, 1940
Bail Appl..No. 6380 of 2018
O.R NO. 20/2018 OF KUMALI FOREST RANGE OFFICE, IDUKKI
PETITIONER/ACCUSED 2, 3 AND 4:
1 ELDHO K. MATHEW, AGED 47 YEARS
S/O MATHEW, KOOTTASSERY HOUSE,
KOKKAPPALLY KARA, THIRUVANIYOOR VILLAGE,
KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT-683542.
2 ANEESH VARGHESE, AGED 33 YEARS,
S/O.VARGHESE, ALACKAL HOUSE,
METTUKUZHY KARA, KATTAPPANA VILLAGE,
IDUKKI TALUK, IDUKKI DISTRICT-685508.
3 ARUN, AGED 36 YEARS,
S/O.GOPALAKRISHNAN,
EDAVAKODATHU HOUSE, METTUKUZHY KARA,
KATTAPPANA VILLAGE, IDUKKI TALUK,
IDUKKI DSITRICT-685508.
BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM)
RESPONDENT/S:
STATE OF KERALA
(FOREST RANGE OFFICER, KUMILY)REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI. ANAS K A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.09.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6380 of 2018 2
ORDER
This application is filed under Section 439 of the Cr.P.C.
2. The applicants herein are the accused Nos.2 to 4 in O.R No.20 of 2018 registered at the Forest Range Office, Kumily, under Sections 2(2), 2(16), 2(36), 9, 39, 43, 50 & 51 of the Wildlife (Protection) Act.
3. On 8.9.2018, a car bearing registration No.KL-10 AU- 2512 was intercepted by the Excise Inspector, Kumali at the Excise Check Post during routine checking. The applicants herein were found travelling inside the car. A detailed search was conducted and a Red Sand Boa coming under Schedule IV of Act 53 of 1972 was found concealed inside the car. They were arrested and their statement was recorded. They disclosed that they along with the 1st accused had purchased the same from the 5 th accused, who was a resident of the State of Tamil Nadu.
4. The learned counsel for the applicants submitted that they are innocent of all allegations. According to the learned counsel, they were travelling along with the 1 st accused, who on seeing the Excise officials, had taken to his heels.
5. Heard the learned Public Prosecutor and I have gone through the case diary. It appears that insofar as the applicants B.A.No.6380 of 2018 3 herein are concerned, the investigation has made much headway. Further detention in custody of the applicants does not appear to be necessary.
In the result, this application will stand allowed. The applicants shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
1). The applicants shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for a period of two months or till final report is filed, whichever is earlier.
2). They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
3). They shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP //TRUE COPY// P.A. TO JUDGE