K. Sivadasan vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure 1973.

Petitioner is the first accused in O.R.No.6/2023 of Punnala Forest Station, Pathanapuram, Kollam District alleging offences punishable under Sections 2(16), 2(35), 2(36), 2(37), 9, 50,51, and Section 57 of the Wildlife (Protection) Act, 1972 [for short, the ‘Act’].

According to the prosecution, on 15.05.2023 a wild elephant was found dead in a rubber plantation due to electrocution from electric wires set up by the petitioner on the border of his property, and thereby committed the offences.

Sri.S.Rajeev, the learned counsel for the petitioner submitted that the entire prosecution allegations are false and the incident as alleged had not occurred. It was submitted that even going by the prosecution allegation, petitioner had only attempted to protect his property and his home from wild animals and that had not done any specific overt act to cause the death of any particular wild animal. It was further submitted that petitioner was arrested on 25.05.2023 and has been in custody since then, and hence petitioner ought to be released on bail.

Smt.Sreeja V., the learned Public Prosecutor, opposed the application and submitted that the allegations against the petitioner are serious, and that he had intended to cause the death of wild animals and erected electric wires and even supplied electricity through those wires when the animal tried to pass through the property and thereby committed the offence. Hence, the petitioner ought not to be released on bail.

I have considered the rival contentions.

Even though the allegations against the petitioner are serious in nature, especially since, he is alleged to have caused the death of a pachyderm, which is protected under Schedule 1 part A of the Act; I am of the view that considering the period of detention already undergone and also the age of the petitioner, further detention is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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,  notwithstanding  the  bail  having been granted by this Court.