Abdul Gafoor vs State Of Kerala
2021 Latest Caselaw 560 Ker

                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.

             ===========================
                      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

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

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

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