Kerala High Court
Godly Udayan vs State Of Kerala on 23 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 131 of 2026
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2026:KER:25418
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF MARCH 2026 / 2ND CHAITHRA, 1948
BAIL APPL. NO. 131 OF 2026
CRIME NO.9/2025 OF KODANAD FOREST RANGE OFFICE, ERNAKULAM
AGAINST THE ORDER DATED 11.11.2025 IN CRL.MC NO.2987 OF 2025
OF ADDITIONAL SESSIONS COURT - VII, ERNAKULAM
PETITIONER/ACCUSED:
GODLY UDAYAN,
AGED 34 YEARS, KALLIYATTU HOUSE,
KADUVAPARAMBIL,
CHERANELLUR VILLAGE & DESOM,
ERNAKULAM, PIN - 682034
BY ADVS.
SHRI.T.K.RAJESHKUMAR
SHRI.MANOJ V GEORGE
SMT.T.N.BINDU
SHRI.JIJO JOSE
SHRI.NANDAN SURESH
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KERALA, PIN - 682031
2 RANGE FOREST OFFICER,
REPRESENTED BY MEKKAPALA FOREST STATION,
KODANAD FOREST RANGE,
ERNAKULAM, KERALA, PIN - 683544
SRI. M.C.ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 131 of 2026
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2026:KER:25418
ORDER
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicant is the accused in O.R.No.9 of 2025 of Kodanad Forest Range Office, Ernakulam District. The offences alleged are punishable under Section 2(16), 9, 39, 44, 49A, 50, 51(1), 51(1A) and 57 of the Wild Life (Protection) Act, 1972.
3. The prosecution case, in short, is that on 13.10.2025, the SHO of Cheranellur Police Station conducted a search in the house of the applicant and others, and from the office room in the possession of the applicant, Ambergris weighing 126.14 grams was seized. Based on the seizure, O.R No. 9/2025 of Mekkapala Forest Station was registered for the above mentioned offences. The applicant possessed the Ambergris, the trophy of the wild animal physeter shown in the first schedule to the Wildlife (Protection) Act, 1972 and B.A.No. 131 of 2026 ..3..
2026:KER:25418 thereby committed the offences.
4. I have heard Sri.Rajesh Kumar T.K., the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
6. As per the interim order dated 17.03.2026, this Court directed the applicant to appear before the Divisional Forest Officer, Malayattur Division, for the purpose of interrogation. Accordingly, the applicant appeared before the Divisional Forest Officer, Malayattur Division and he was B.A.No. 131 of 2026 ..4..
2026:KER:25418 interrogated and a report to that effect has been filed. In these circumstances, I am of the view that the further custodial interrogation of the applicant is not necessary.
In the result, the application is allowed on the following conditions:-
(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like B.A.No. 131 of 2026 ..5..
2026:KER:25418 nature while on bail.
(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH, JUDGE APA B.A.No. 131 of 2026 ..6..
2026:KER:25418 APPENDIX OF BAIL APPL. NO. 131 OF 2026 PETITIONER ANNEXURES ANNEXURE A1 TRUE AND CORRECT COPY OF THE FOREST OFFENCE REPORT- PRELIMINARY IN OR NO 9/2025 DATED 14.10.2025 ANNEXURE A2 TRUE AND CORRECT COPY OF THE MAHAZAR REPORT FILED ON 13.10.2025 ANNEXURE A3 TRUE AND CORRECT COPY OF THE BAIL ORDER DATED 03.02.2023 PASSED BY HON'BLE JFCM ANGAMALY IN CC 144/2020 ANNEXURE A4 TRUE AND CORRECT COPY OF BAIL ORDER PASSED BY THIS HON'BLE COURT DATED 26.08.2025 IN BAIL APPL NO 10615/2025 IN CRIME NO 212/2025 ANNEXURE A5 TRUE AND CORRECT COPY OF THE ORDER DATED 11.11.2025 IN CRL MC NO 2987 OF 2025 PASSED BY SESSIONS COURT, ERNAKULAM