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Judgment
13 paragraphs · 363 wordsMohammed Nias C.P., J
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioners are the accused Nos.4 and 5 in OR No.18/2023 of Devikulam Forest Station, Idukki, for having committed offences punishable under Sections 2(16), 2(35), 2(36), 9, 39, 50 and 51 of the Wild Life (Protection) Act 1972.
The prosecution case is that based on the confession of the 1st accused, the Devikulam Forest Range Officer seized 12 bore-gun and cartridges from a building owned by KSEB in KDH village, Mattupatti Kara, Devikulam Grama Panchayath, and the skull of a buffalo and thereby committed the aforementioned offences.
The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody from 04.08.2023, and continued custody of the petitioners is unnecessary.
The learned Public Prosecutor opposed the petition.
After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor and taking note of the nature of the allegations against the petitioners, the fact that they have been in custody since 04.08.2023 and there are no antecedents against the petitioners, since there is no apprehension raised by the prosecution that if released on bail the petitioners are likely to abscond, I hold that bail can be granted to the petitioners.
Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-
(i) The petitioners shall be released on bail on executing a bond for Rs.50000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioners shall report before the Investigating Officer as and when directed
(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(iv) The petitioners shall not be involved in any other crime while on bail.
(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;