G. Biju vs State Of Kerala

C.S.Sudha, J.

This is an application under Section 438 Cr.P.C. for per-arrest bail filed by the petitioner/A10 in O.R. No.17/2021 of Ambanar Forest Station, Pathanapuram Range, Kollam. The petitioner is alleged to have committed the offences punishable under Sections 27(1)(e)(iv) of Kerala Forest Act, 1961, read with Sections 2(l), 2(11), 2(16), 2(20), 2(33), 2(36), 9, 39, 50, 51 and 57 of the Kerala Wild Life Protection Act, 1972.

The prosecution case is that on 06.08.2021 the forest officials arrested accused Nos.1 to 3 as they were found in suspicious circumstances in the reserve forest of Ambanar Forest Range. On questioning them, it was revealed that they along with A4 to A6 had hunted a Sambar deer in July 2021 by using a country gun. On further questioning, it was revealed that the remaining accused 7 to 15 had purchased meat from these accused. It is also the prosecution case that the gun for hunting the animal was provided by A13 and A14. Hence the accused are alleged to have committed the offences punishable under the above mentioned sections.

The application is opposed by the learned Public Prosecutor on the ground that the investigation is still in progress and that petitioner/A13 is engaged in large scale sale of meat of wild animal hunted illegally.

It is submitted by the learned counsel for the petitioner that the petitioner/A13 is innocent of the offences alleged against him. He has no criminal antecedents. Hence he may be granted bail.

Heard both sides. Perused the records.

The petitioner/A13 has produced a copy of the order of this Court in B.A. 7564/2021 by which the 10th accused in this case against whom the allegations are same as against the petitioner herein, has been granted bail. In the light of the aforesaid order, pre-arrest bail is granted to the petitioner/A13 also.

In the result, the application is allowed subject to the following conditions :

(i) The petitioner in the event of his arrest in the aforesaid crime shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each.

(ii) The petitioner shall appear before the Investigating Officer every Mondays and Saturdays between 10 a.m. and 12 noon till the final report is filed. He shall also appear before the Investigating Officer as and when required by the latter.

(iii) The petitioner shall co-operate with the investigation and he shall not intimidate or influence the witnesses in any manner or interfere with the investigation.

(iv) The petitioner shall not commit any offence(s) while on bail. Needless to say, in the event of violation of any of the conditions of the bail, the investigating officer is at liberty to move the jurisdictional magistrate for cancellation of the bail.