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Judgment
13 paragraphs · 360 wordsMohammed Nias C.P, J
The petitioners are the accused Nos.3 and 4 in O.R.No.2 of 2023 of Mandamagalam police station, for having allegedly committed offences punishable under Sections 9, 39(1)(a), 39(3) (a), 49A(a), 50, 51, 57 of the Wildlife (Protection) Act 1972 (Amendment 2022).
The allegation against the petitioners is that they purchased the meat of a wild pig (Sus Scrofa) after the pig was killed by the first and second accused by transmitting the electricity using iron wires to an iron trap that has been installed in a stream where the wild pigs frequented for drinking water.
Hence, the accused are alleged to have committed the offences mentioned above.
The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody from 01.08.2023, and continued custody of the petitioners is unnecessary.
The learned public prosecutor opposed the petition and points out that the petitioners are not entitled to get bail.
After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and taking into account the allegations made against the petitioners, particularly that of the purchase of meat, and also the fact that there are no criminal antecedents reported against the petitioners, I hold that bail can be granted to the petitioners
Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-
(i) The petitioners shall be released on bail on executing a bond for Rs.50,000/- each (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioners shall report before the Investigating Officer as and when required to do so.
(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
(iv) The petitioners shall not involve in any other crime while on bail.
(v) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.