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Judgment
12 paragraphs · 400 wordsViju Abraham, J
This is an application for regular bail.
Petitioners are accused Nos.3 and 4 in OR No.3 of 2022 of Anchal Forest Range, Kollam registered alleging commission of offences punishable under Sections 2(2), 9, 39(1), (2) and (3), 44, 48 and 51 of the Wildlife Protection Act, 1972.
The prosecution case is that on 10.12.2022 at about 4.45 p.m. the petitioners were found possessing material suspected to be ambergris (9.985 kgs) of sperm whale coming under Schedule II Part II of Wild Life Protection Act while transporting the same in a Hundai Car bearing registration No.KL2-AC-6385. The Inspector of Police, Punalur and party on patrol duty conducted the search of the vehicle at Karavallur Pirakkal on 10.12.2022 at 4.45 p.m., took the vehicle and the material suspected to be ambergris along with the accused into custody and forwarded to the Anchal Forest Range Office. Thus the petitioners have committed the aforesaid offences.
Petitioners submit that they are in custody from 11.12.2022 onwards and that they have been falsely implicated in the abovesaid crime.
Learned Public Prosecutor opposed the application for bail mainly contending that the petitioners were found possessing ambergris (9.985 kgs) of sperm whale which is an offence punishable under the Wild Life Protection Act. Learned Public Prosecutor upon instructions submitted that the petitioners are not involved in any other case.
Considering the facts and circumstances of the case and the fact that petitioners are in custody from 11.12.2022 onwards and also taking note of the fact that the petitioners are not involved in any other case, I am inclined to grant bail to him on the following conditions:
(i) The petitioners shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) They shall appear before the investigating officer in OR No.3 of 2022 of Anchal Forest Range, Kollam on all Saturdays at 11.00 a.m. till the filing of charge sheet.
(iii) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) They shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in OR No.3 of 2022 of Anchal Forest Range, Kollam may file an application before the jurisdictional court, for cancellation of bail.