Ravikumar vs State Of Kerala

Shircy V, J

Applications for regular bail.

B.A. No. 6369 of 2021 is filed by the 3rd accused in O.R. No. 3 of 2021 of Petimudi Forest Station, Munnar, registered for the offences punishable under Sections 2(32), 39(1)(a),(b), (d), (3)(a), (b), 50, 51(1) of the Wildlife Protection Act, 1972. B.A. No. 6721 of 2021 is filed by accused Nos. 1, 2 and 4.

The prosecution allegation is that on 23.07.2021, the accused persons were found in possession of Ambergris, which is said to be used for production of perfumes, a protected species included in Sl. No. 5A of Schedule II of Part II of Wildlife Protection Act, in Room No. 2 of MUIR Cottage within the jurisdiction of Petimudi Forest Station by the Forest officials, which was kept for sale. The Forest Officials in fact conducted search on getting reliable information that Ambergris is being illegally transported by the accused persons and thus they were arrested and a case was registered against them.

The learned counsel for the petitioner in B.A. No. 6369 of 2021 submitted that he has no connection with the alleged item. In fact, he was only a driver by profession and he was hired by the other accused to go to Munnar in connection with their business purpose. So, he being a native of Tamil Nadu, proceeded with his vehicle along with the other accused as part of his job. He has no role or participation in transportation of the same. But he is undergoing incarceration since 23.07.2021 and hence, this application.

The learned counsel for the petitioners in B.A. No. 6721 of 2021 has also submitted that the petitioners have no connection with the offences alleged against them. In fact, they have gone to Munnar in connection with their business. But they have been falsely implicated in this case by the forest officials and thus, they are in custody since 23.07.2021.

The learned Public Prosecutor has opposed the application contending that the forest officials had infact conducted a search of the Cottage on getting reliable information that Ambergris is being transported and certain people are engaged in illegal sale of the same. On search, it was found that the accused were in possession of 5 Kgs. of Ambergris. According to the prosecution, the accused have obtained the same from another person. The investigating agency could not proceed with the investigation, as the source from where the protected item was collected by the accused has not been revealed by them. But later, on investigation, it was revealed that the 1st accused has obtained the same from one Saravanan (accused No.9) and it was told by him that they could collect huge amount by conducting sale of the same, and they kept the same and due to the intervention of the 3rd accused, they have negotiated with the 9th accused to purchase the same. While so, they were arrested by the forest officials.

As mentioned earlier, these petitioners were arrested on 23.07.2021. The learned Judicial First Class Magistrate had already granted bail to accused Nos. 5 and 6. Accused Nos. 7, 8 and 9 are yet to be apprehended. But the investigation of the case has progressed and these petitioners have no criminal antecedents.

Though the offences alleged against these petitioners are grave and serious in nature and a special species and protected item was detected from the petitioners, considering the fact that the investigation has progressed, I find that further detention of these petitioners may not be necessary to find out the source from where these petitioners have collected the extremely valuable item and illegally kept in their possession. Therefore, I am inclined to release these petitioners on bail.

Therefore, these applications are allowed subject to the following conditions:

(i) The petitioners shall be released on bail on each of them executing a 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. Each one of the sureties should be from the State of Kerala and residents of Kerala.

(ii) The petitioners shall appear before the Investigating Officer once in a month for a period of three months from today or till the filing of the final report, whichever is earlier.

(iii) The petitioners 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 the investigating officer or tamper with the evidence.

(iv) The petitioners 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.