Subi vs State Of Kerala

Viju Abraham , J.

This is an application for regular bail.

Petitioners are accused Nos.1 to 5 in O.R. No.08 of 2022 of Anchal Forest Range, Kollam registered alleging commission of offences punishable under Sections 2(16), 9 and 39(1) of the Wildlife Protection Act.

Prosecution case is that the Kadakkal police on patrol duty conducted search of a car in the early hours on 30.10.2022 near Kadakkal, Aazhanthakuzhi and found about 3 kgs of raw meat of wild pig covered in white plastic cover being transported by accused Nos.1 to 5 in a Maruthi Suzuki Wagon R car bearing registration No.KL-16-G-6003 and thus the accused have committed the abovesaid offences.

Petitioners submit that they are in custody from 30.10.2022 onwards and that they have been falsely implicated in the abovesaid crime. Petitioners further submit that they have no other criminal antecedents.

Learned Public Prosecutor opposed the application for bail contending that the petitioners have trespassed into the forest and hunted a wild boar. Learned Public Prosecutor upon instructions submitted that it is the 7th accused who has hunted the wild boar and that the petitioners were arrested having possession of the meat of the wild boar, but submitted that they have no other criminal antecedents.

Considering the facts and circumstances of the case and the fact that the petitioners are in custody from 30.10.2022 onwards also taking into consideration the fact that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail subject to 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 O.R. No.08 of 2022 of Anchal Forest Range, Kollam on all Saturdays at 11.00 a.m. until filing of final report.

(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 O.R. No.08 of 2022 of Anchal Forest Range, Kollam may file an application before the jurisdictional court, for cancellation of bail.