Sathya vs State Of Kerala

Mohammed Nias C.P.J

This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

The petitioner is the accused in Crime No. 3/2023 of Olavakkode Forest Range Office, Palakkad, for having allegedly committed offences punishable under Section 9, 39, 44, 48(a) r/w Section 2(1), (2), 16(c), 36, 50 and 51 of the Wild Life (Protection) Act, 1972 (Amendment Act 2022).

The prosecution case is that, on 19.08.2023, near the KSRTC Bus Stand, Palakkad, the accused was found in possession of 96 numbers of seahorses and attempting to sell the same and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody since 19/08/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the nature of the offences committed by the petitioner and the fact that the petitioner has been in custody since 19/08/2023, also since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. It is also to be noted that no other criminal antecedents have been reported against the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions.

(i) The petitioner shall be released on bail on 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 jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail.

If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.