Biju Mathew vs State Of Kerala

A. Badharudeen, J

Regular bail plea at the instance of accused Nos.1 to 3 in O.R.No.05/2023 of Punnala Forest Station, Pathanapuram Range, Kollam is under consideration in this petition filed under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the relevant documents form part of the case diary placed by the learned Public Prosecutor.

The prosecution allegation is that accused Nos.1 to 3 were found in possession of two Red Sand Boa Snake (Eryx Johinii), a protected animal as per Schedule I Part C of the Wild Life (Protection) Act, 1972. Soon after recovery of the snakes from the possession of accused Nos.1 and 2 while they were staying at a lodge in Kollam, crime was registered alleging commission of offences punishable under Sections 2(11), 2(16), 2(36), 2(37), 9, 39, 48(A), 50, 51 & 57 of the Wild Life Protection Act.

The learned counsel for the petitioners would submit that the petitioners are innocent and it was the 4th accused who dealt with the above snakes and the same happened to be at the hands of the petitioners at the option of the 4th accused. It is submitted further that the petitioners, who have been in custody from 03.05.2023, are first time offenders and the investigation has achieved much progress, the petitioners are liable to be released on regular bail.

The learned Public Prosecutor opposed bail highlighting the seriousness of the offences and also pointing out the fact that the fourth accused, who supplied the snake, already absconded and therefore, release of the petitioners at the premature stage of investigation would stall the investigation. However, no antecedents reported in so far as the petitioners are concerned.

Going through the pages of the prosecution records, red handed recovery of Red Sand Boa Snake (Eryx Johinii) from the possession of accused Nos.1 to 3 could be gathered, prima facie. Thus, the prosecution case is well made out. However, it appears that the petitioners are first time offenders and they have been in custody from 03.05.2023.  In  such  a  case,  since  the  investigation  has achieved much progress, further custody of the petitioners, who are first time offenders, for the purpose of investigation, is not  necessary. Therefore,  I  am  inclined  to  release  the petitioners on regular bail.

In the result, this bail application stands allowed. The petitioners  are  enlarged  on  regular  bail  on  the  following conditions:

i. The petitioners shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each, with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iii. The petitioners shall appear before the Investigating Officer on every Monday between 9 am and 10 am for a period of one month. Further, they shall appear before the Investigating Officer as and when directed.

iv. The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.