Jameendhar M.S. vs Forest Range Officer

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the accused in O.R.No.02 of 2020 of Mupliyam Forest Station, Thrissur registered for the offences punishable under Sections 27(1)(e)(iv) of the Kerala Forest Act and under Section 2(1), 2(15), 2(16), 9, 39, 49 read with Section 51 and 57 of the Wildlife Protection Act.

The prosecution allegation is that on 03.04.2020 this petitioner along with the other accused hunted "Wild Boars" by ensaring it with cable wires and stocked the meat in his residence and thereby committed the aforesaid offences.

He has been in custody since 01.01.2021.

While he was undergoing incarceration bail was granted to him by this Court by an order dated 10.02.2021 in B.A.No.1387 of 2021. Thereafter he has been booked in O.R.No.5 of 2021 before the very same Forest station for the offences punishable under Sections27(1)(e)(iv) of Kerala Forest Act, 1961 and Section 9 and 51 of the Wild Life Protection Act, 1972. In that case also he has moved an application for bail, but the same was dismissed. But his second application for bail was allowed by this Court by an order dated 24.08.2021 in B.A.No.6120 of 2021. In O.R.No.5 of 2021 he has been in custody since 19.6.2021. Meanwhile, the learned Judicial First Class Magistrate, Chalakudy has cancelled his bail in O.R.No.2 of 2021 as he is involved in O.R.No.5 of 2021 for violating the bail conditions imposed by this Court in O.R.No.2 of 2021. Thereafter, his arrest was recorded on 09.08.2021 and he is undergoing incarceration. Now this application is filed by the petitioner for his release on bail alleging that he is totally innocent in both the cases and in fact Forest officials, who are entertaining enmity towards him, in order to protect the actual culprits, has implicated him in this false case. Hence, this application.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

On a perusal of the records available before me and on hearing the learned counsel for the petitioner as well the learned Public Prosecutor, I could find that in O.R.No.2 of 2021 bail has been granted to him with strict conditions that he shall not get involved in similar offences during the currency of the bail. But prima facie it is seen that he was again booked by the officials in O.R.No.5 of 2021. While disposing of the second bail application in O.R.No.5 of 2021 this Court has observed that in this case there is no allegation that he has hunted any wild animals. But the allegation was that he had made arrangements to hunt wild boar using cable wire.

Having considered the entire allegations levelled against this petitioner as well the fact that he is undergoing incarceration since 19.6.2021 in connection with O.R.No.5/2021 though he has been granted bail, I think that his request to release him on bail in O.R.No.2/2021 can be considered imposing stringent conditions:

Therefore, this petition is allowed subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.2,00,000 /- (Rupees two lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Forest office on every Monday between 10.a.m and 11.a.m till filing of the final report or for a period of three months, whichever is earlier.

(iii) The petitioner 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 from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.