Kerala High Court
J.Paul Raj vs State Of Kerala on 2 August, 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
THURSDAY, THE 2ND DAY OF AUGUST 2018 / 11TH SRAVANA, 1940
Bail Appl..No. 4928 of 2018
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(O.R. NO.21 OF 2018 OF THE FOREST RANGE OFFICER, DEVIKULAM, MUNNAR)
PETITIONER/ACCUSED:
J.PAUL RAJ,
AGED 53 YEARS, S/O.JOSEPH, PUTHENPURAKKAL,
MANAYATH LANE, THEVARA, KOCHI - 13.
BY ADVS.SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
RESPONDENT(S):
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULA - 682 031.
BY SENIOR PUBLIC PROSECUTOR MR. ANAS K.A.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-08-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V, J
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B.A No.4928 of 2018
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Dated this the 2nd day of August, 2018
ORDER
1. This application is filed under Section 438 of the Cr.P.C.
2. The applicant herein is arrayed as the accused in O.R. No.21 of 2018 registered at the Devikulam Forest Range under Sections 9 and 39 of the Wild Life (Protection) Act, 1972.
3. On 16.7.2018 information was received by the Forest officials of the Devikulam Forest Range that a Sambar deer got electrocuted and was lying dead in a Cardamom estate managed by the applicant. Alleging that the applicant had put up an electrified barbed wire fence around his property without any authority of law and the animal had died on making contact with the fence, the aforesaid Crime was registered.
4. The learned counsel appearing for the applicant submitted B.A No.4928 of 2018 2 that the applicant is innocent of the allegations. According to the learned counsel, one Sri. Baby Joseph, is the absolute owner of property having an extent of 44.30 Acres situated at Anaiviratti Village. Cardamom and Coffee are extensively planted in the said property and the applicant has been managing the same on the strength of a Power of Attorney. In order to protect the property and the agricultural produce from the intrusion of wild animals and also to thwart thieves and trespassers, a scientifically designed barbed wire fence was erected around the property. The same is energised by solar power. According to the learned counsel, the fence is designed to give only gives a non-lethal shock when an unwelcome intruder touches the fence. All that it does is give a sharp, short but a safe shock which creates psychological fear. It is urged that during the recent monsoons, the electric post installed near the road side adjacent to the fence got uprooted and the live wire got entangled with the barbed wire fence. Electric current passed through the barbed wife fence in the dead of night B.A No.4928 of 2018 3 without the knowledge of the estate workers. Only on the next day was it realised that an unsuspecting deer had come in contact with the snapped electric wire and suffered a fatal shock.
5. It is submitted by the learned counsel that the applicant was not even present at the estate when the unfortunate incident occurred. Though the applicant has been managing the property for more than a decade, no incident of like nature had ever occurred earlier. It is further contended that the applicant is not a person who has ever been involved in similar crimes and it is prayed that he be spared from the rigours of custodial interrogation. The learned counsel would also contend that the deer is a Schedule II animal, and referring to Section 50(c) of the Wild Life Protection Act, he would contend that arrest and detention of the applicant is required only if there is any apprehension that the applicant will not appear and answer any charge which may be preferred against him. No such contingency arises in the instant case, contends the learned counsel. B.A No.4928 of 2018 4
6. The learned Public Prosecutor has opposed the prayer. It is submitted that the investigation conducted till date points to the involvement of the applicant herein.
7. I have considered the submissions advanced by both sides and have gone through the case diary. I have gone through the mahazar prepared by the investigating officer and also the materials made available by the applicant. It appears from the mahazar that batteries and inverters were kept in a room in the estate from where the fence was charged. If the fence is energised by solar power, the likelihood of the animal suffering a fatal shock on touch is remote. The matter requires a detailed investigation with the assistance of the KSEB authorities. However in the facts and circumstances, the custodial interrogation of the applicant does not appear to be required for an effective investigation.
8. In the result, this application will stand allowed. The applicant shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be B.A No.4928 of 2018 5 arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
(i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of two months or till final report is filed whichever is earlier.
ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
iii) He shall not commit any similar 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 krj //true copy// P.A. To Judge