T.K.Biju vs State Of Kerala

Dr. Kauser Edappagath, J

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

The petitioner is the accused No.3 in O.R No.14/2021 of Karimkulam Forest Station. The offences alleged are under Sections 9 r/w 2(16), 39, 57 and 51 of the Wild Life (Protection)Act, 1972.

The prosecution case in short is that on receipt of the secret information to the Deputy Range Forest Officer, Karimkulam Forest Station on 28.11.2021 revealing that the accused No.1 is cooking the meat of python in his house, the staff of Karimkulam Forest Station reached the spot and questioned the accused No.1 about the information. He admitted that cooked meat of the python is presently kept in his home. Thereafter, the staff seized the cooked meat of the python kept in a cooker and the knife used for cutting the python’s meat into pieces. He was arrested on 28.11.2021 and the O.R was registered. Later on, during investigation accused No.1 confessed that he got the meat from accused No.2 and he was also arrested. Thereafter, accused No.2 confessed that the present petitioner gave the meat of python to him and accordingly he was arrayed as an accused.

Heard both sides and perused the case diary.

The case records would show that the meat of python was seized from the house of accused No.1. The petitioner has been arrayed as an accused only on the basis of the confession statement of the accused No.2. There are no independent materials to connect the petitioner with the crime. Considering the allegations levelled against the petitioner, the custodial interrogation of the petitioner does not appear to be necessary. For all these reasons, the petitioner is entitled to pre-arrest bail on conditions.

In  the  result,  the  application  is  allowed  on  the  following conditions:-

(i) The petitioner shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioner shall fully co-operate with the investigation, including subjecting himself to the deemed police custody for the purpose of discovery, if any, as and when demanded.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.