IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
Crl.MC.No.2095 OF 2020(B)
AGAINST THE JUDGMENT IN CRRP 30/2019 DATED 19-07-2019 OF DISTRICT
COURT& SESSIONS COURT,MANJERI
AGAINST THE JUDGMENT IN CRMP 879/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II(FOREST OFFENCES),MANJERI
CRIME NO.4/2017 OF Nellikuth Forest Station Office, Malappuram
PETITIONER:
ABDUL GAFOOR
AGED 36 YEARS
S/O ALAVI, ANAPPATTATH HOUSE, VENDEKKUMPOTTY, MARUTHA
P.O.NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP
SMT.S.K.SREELAKSHMY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN-31. THROUGH THE FOREST
RANGE OFFICER NELLIKKUTHU FOREST STATION.
2 THE SCIENTIFIC ASSISTANT,
REGIONAL FORENSIC SCIENCE LABORATORY THRISSUR, POLICE
ACADEMY, RAMAVARMAPURAM P.O.-680 631, THRISSUR
DISTRICT. (DELETED)
(RESPONDENT NO.2 IS DELETED FROM THE PARTY ARRAY AS
PER ORDER DATED 18/03/2020 IN CRL. MA 2/2020)
R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
SR.PP.C.K.SURESH
FOR ADGP SURESH BABU THOMAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 2095/2020 2
V.G.ARUN, J.
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Crl.M.C.2095 of 2020
===========================
Dated this the 7th day of January, 2021
ORDER
Petitioner is the first accused in O.R.No.4 of 2017 of Nellikuth Forest Station in Nilambur Forest Division. The offences alleged against him are those punishable under Section 27(1)(e)(iv) of the Kerala Forest Act and Section 2(16)(a)(9) and 52 of the Wild Life Protection Act. The allegation against the petitioner is that he trespassed into the reserve forest with a country gun and attempted to hunt a Sambar Deer and caused damages to a Close Circuit TV Camera installed by the Forest Department, and thereby causing a loss to the tune of Rs.15,000/- to the public exchequer. Regarding that, Vazhikkadavu police has registered crime No.82 of 2017 for offences under Section 379 IPC and Section 3 of PDPP Act.
2. Petitioner approached the jurisdictional Magistrate Court seeking bail in the forest offence and as per Annexure A1, petitioner was granted bail, subject to certain conditions, including the condition that he shall surrender his passport. Later, petitioner approached the same court seeking release of his passport for the purpose of renewal Crmc 2095/2020 3 and for going abroad. By Annexure A2 order, the learned Magistrate directed to release the passport for a period of three months for the purpose of renewal alone. Aggrieved, the petitioner filed revision before the Sessions Court, and the revision was dismissed under Annexure A3. Thereupon, the petitioner approached this court and as per Annexure A4 order, the Crl.M.C was dismissed, reserving the petitioner's liberty to move afresh after final report is filed.
3. Petitioner has approached this court again pointing out that in spite of more than three years having elapsed, final report is yet to be filed and that his employment is at stake due to the inordinate delay. It is submitted that in view of the observation in Annexure A4 order of this court, petitioner is not in a position to approach the jurisdictional Magistrate seeking release of his passport.
4. Sri C.K.Suresh, learned Senior Public Prosecutor submits that the gun recovered from the petitioner has been sent for forensic examination and it would take sometime for the process to be completed. It is submitted that once the report is received, the petitioner's presence will be required. Learned counsel for the petitioner submits that any condition can be imposed to ensure the petitioner's presence before the jurisdictional court, as and when required.
5. Taking into account the submission that, examination of the Crmc 2095/2020 4 gun may take some more time, after which only the final report can be filed, I am inclined to direct release of petitioner's passport for a period of two years, subject to the following conditions.
a) Petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount undertaking to re-surrender the passport within the two years.
b) Petitioner shall file an affidavit undertaking to appear before the Magistrate Court as and when required. He shall furnish his foreign address, E-mail ID and contact number with employer's details, if any.
If the directions are complied with, the passport shall be released and petitioner permitted to go abroad for a period of two years.
Sd/-
V.G.ARUN JUDGE lgk Crmc 2095/2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE3 ORDER DATED 20.2.2018 IN CRL. M.P NO 451/2018 ON THE FILE OF JFCM COURT 11 MANJERI ANNEXURE A2 TRUE COPY ORDER DATED 19.6.2019 IN CRL.M.P NO 879/2019 ON THE FILES OF JFCM COURT 11 MANJERI ANNEXURE A3 TRUE COPY OF THE ORDER DATED 19.7.2019 IN CRL.RP NO 30/2019 ON THE FILES OF SESSIONS COURT MANJERI ANNEXURE A4 TRUE COPY OF THE ORDER DATED 13.8.2019 IN CRL.MC NO 5423/2019 ON THE FILES OF THIS HON'BLE COURT