Kerala High Court
Amala S vs State Of Kerala on 29 July, 2022
Bail Appl. No.5501/2022 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 29th day of July 2022 / 7th Sravana, 1944
BAIL APPL. NO. 5501 OF 2022
OR NO.2/2022 OF Pathanapuram Forest Range Office, Kollam
PETITIONER/ACCUSED:
AMALA S, AGED 36 YEARS, D/O, M.K SREEKUMAR, SREE MADHURI, CHOOTAYIL,
KILIMANOOR P.O, THIRUVANANTHAPURAM, PIN - 695601
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
This Bail application coming on for orders upon perusing the
petition and upon hearing the arguments of MR. LATHEESH SEBASTIAN,
Advocate for the petitioner and the Public Prosecutor for the respondent,
the court passed the following:
Bail Appl. No.5501/2022 2/6
VIJU ABRAHAM, J.
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B.A.No. 5501 of 2022
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Dated this the 29th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioner is the accused in O.R No.2 of 2022 of Pathanapuram Forest Range Office registered alleging commission of offences punishable under sections 27(1)(e)(iv) of the Kerala Forest Act and Sections 2(16) (b), 9, 39 and 50 of the Wild Life Protection Act, 1972.
3. The prosecution allegation against the petitioner is that the petitioner trespassed into the reserve at Pathanapuram forest range and shoot the videos of a wild elephant by using a drone camera and uploaded the videos in the U tube channel run by the petitioner and there by committed offences punishable under Sections 27(1) (e) (iv) of the Kerala Forest Act and Sections 2(16) (b), 9, 39 and 50 of the Wild Life Protection Act, 1972.
4. It is most humbly submitted that the petitioner is innocent of the prosecution allegations and the petitioner has not committed any offence as alleged by the prosecution. The allegation of hunting of wild animal is absolutely baseless. As a matter of fact the shoot was done by standing in the road margin and some editing was done over the videos and the allegation of trespass into the reserve forest is absolutely false. Now the investigating officer of the crime has issued Annexure-1 notice under section 41A of the Cr.P.C. directing the petitioner to appear before the investigating officer. In Bail Appl. No.5501/2022 3/6 BA No.5501 of 2022 2 Annexure-1 also, there is no allegation of hunting or usage of the meat any part of carcass of the wild life by the petitioner. In such circumstances, the prosecution allegation against the petitioner is absolutely false and baseless. It is further submitted that the alleged Investigation of the crime is almost complete and there is no need for the custodial Interrogation of the petitioner. The petitioner is apprehending arrest and detention in judicial custody.
5. Learned Special Govt. Pleader (Forest), Shri Nagaraj Narayanan seriously opposed the application for bail by filing a detailed statement and submitted that the contention of the petitioner that there is no hunting of wild animals is without any basis. Even driving, or baiting any wild animal will come under the definition of hunting as provided in Section 2(16) of the Kerala Wildlife Protection Act. The specific allegation against the petitioner is that she and her team illegally trespassed into a reserve forest and using Helicam disturbed/provoked and drove wild elephants in a dangerous manner. The forest authorities came to know about the same only on enquiry when a large number of people started coming to the locality to trespass into the reserved forest to see wild elephants and the authorities found that these people have come on the basis of a video uploaded by the petitioner in Youtube which is wildly circulated. By the illegal act of the petitioner, they have provoked the elephants which in turn resulted in human - wild elephant conflict in the said area. The petitioner has done the alleged act after travelling 7 kms through the forest. The learned Special Govt. Pleader (Forest) submitted that a detailed investigation is going on and the involvement of other persons in the alleged offence is also to be found out. The recovery of equipment used for the alleged creation of the video including the vehicle used is to be recovered, for which the custodial interrogation of the petitioner is absolutely Bail Appl. No.5501/2022 4/6 BA No.5501 of 2022 3 essential.
6. Learned counsel for the petitioner submitted that the petitioner has not trespassed into the forest and the shoot was done by standing in the road margin and the alleged video was uploaded on Youtube after some editing. It is also submitted that the petitioner is ready and willing to co-operate with the investigation and is ready and willing to appear before investigating officer as directed in Annexure-1 notice. In the meantime, it is submitted by the learned Special Govt. Pleader (Forest) that recoveries are to be made and the complicity of other persons in the alleged crime is to be probed into for which custodial interrogation is necessary.
7. Taking note of the fact that the petitioner is ready and willing to cooperate with the investigation in whatever manner and that petitioner has no other criminal antecedents, I deem it appropriate to grant interim bail to the petitioner for a fixed period on conditions.
The petitioner shall surrender before the investigating officer on 01.08.2022 and shall also make herself available for interrogation on any other day or days as directed by the investigating officer. In the event of the arrest of the petitioner in connection with O.R No.2 of 2022 of Pathanapuram Forest Range Office, the petitioner shall be produced before the jurisdictional Magistrate and shall be released on bail on the following conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
(ii) She shall co-operate with the investigation and make herself available for interrogation whenever required;Bail Appl. No.5501/2022 5/6
BA No.5501 of 2022 4
(iii) She shall not tamper with any evidence;
(iv) She shall not directly or indirectly make any inducement, threat or
promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;
(v) She shall not involve in any other crime while on bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).
Post on 16.08.2022 Sd/-
VIJU ABRAHAM
JUDGE
cks
29-07-2022 /True Copy/ Assistant Registrar
Bail Appl. No.5501/2022 6/6
ANNEXURE 1:- TRUE COPY OF THE NOTICE OF THE INVESTIGATING OFFICER OF THE IN O.R NO.2/2022 OF PATHANAPURAM FOREST RANGE DATED 10.07.2022