Mohammed Shafi. M vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioners who is arraigned as accused Nos.3 in O.R.No.1 of 2021 of Forest Range Office, Nelliyampathy registered for the offences punishable under Sections 39(1), 49B, 50, 51 read with Section 2 of Wild Life (Protection) Act, 1972 have moved this application for his release on bail.

The prosecution case is that  on 11.06.2021 the forest officials attached to Nelliyampathy Range recovered a head with antlers and intestine part of a Deer from Thalippadam,Nemmara. During the course of investigation on 09.07.2021 the 1st accused was apprehended with a country gun. Later the meat of a wild animal and the vehicle used to transport the meat of the wild animal were also recovered and the case was registered. Thereafter on the information supplied by the accused Nos.1 and 2, the other accused including this petitioner were booked for having hunted a wild deer by trespassing into the forest land and thus the case has been registered.

The petitioner has been in custody since 19.11.2021.

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

Earlier this petitioner has moved an application for pre-arrest bail as B.A.No.5486 of 2021 and this court as per an order dated 11.11.2021 has disposed of the same directing the petitioner to surrender before the investigating officer on 19.11.2021. In compliance of the said order, the petitioner has surrendered before the investigating officer on 19.11.2021 and produced before the Judicial First Class Magistrate concerned and he was remanded to judicial custody. Hence, this application.

It is pertinent to note that the investigation of the case has considerably progressed and in fact it is nearing completion. The petitioner was not found in possession of any material object, though there is a case that a weapon was seized from the first accused.

Considering the period of detention undergone by the petitioner as well the present stage of investigation, I am inclined to release him on bail subject to the following conditions :-

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

(ii) 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.

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

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