Vishnu P.P vs State Of Kerala
2023 Latest Caselaw 1199 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                           BAIL APPL. NO. 97 OF 2023
         OR NO.1/2023 OF THARASSERY FOREST RANGE OFFICE, KOZHIKODE
PETITIONER/ACCUSED NOS.2 AND 3:

     1       VISHNU P.P.,AGED 32 YEARS
             S/O PREMACHANDRAN, PARAMEL HOUSE,
             AYYANTHOLE P.O, HARI SREE NAGAR,
             THRISSUR - 680003
     2       HIRAN P.K.,AGED 36 YEARS
             S/O KUNJAPPU, POOTTALAKKAL HOUSE, KAKKASSERY P.O.,
             ELAVALLY ,THRISSUR, KERALA-, PIN - 680511
             BY ADVS.
             R.DIVAKARAN
             KRISHNENDHU V.B


RESPONDENT/STATE:

             STATE OF KERALA, REPRESENTED BY THE FOREST RANGE OFFICER,
             KODUVALLY REPRESENTED PUBLIC PROCECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682031

OTHER PRESENT:

             PP:Seetha S



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.97 of 2023                            2




                             VIJU ABRAHAM, J.

.................................................................

B.A. No.97 of 2023 ................................................................. Dated this the 18th day of January, 2023

This is an application for anticipatory bail.

2. Petitioners are accused Nos.2 and 3 in OR No.1 of

2023 of Thamarassery Forest Range Office, Kozhikode registered

alleging commission of offences punishable under Sections 2(32),

39(1), 39(2), 39(3), 40, 44, 49, 50, 51 and 57 of the Wildlife

Protection Act, 1972.

3. The prosecution allegation is that the petitioners along

with the 1st accused travelled from Thrissur to Wayanad carrying

and possessing whale vomit (ambergris) with an intention to sell it

to somebody.

4. Petitioners submits that they were arrayed as accused

only based on the confession statement of the 1st accused and

they have absolutely no role in the commission of the said offence.

Petitioners further submit that the alleged contraband was seized

from the possession of the 1st accused and that no recovery is

required and therefore, custodial interrogation is not required for

the said purpose.

5. The learned Public Prosecutor seriously opposed the

application for bail mainly contending that on the basis of the

confession statement of the 1st accused it is revealed that the 2nd

accused arranged the contraband (ambergris) and it was handed

over to him by A4 Kabeer and it was arranged through the 3 rd

accused. Learned Public Prosecutor further submitted that the

source is to be ascertained and therefore the custodial

interrogation of the petitioners is required. The learned Public

Prosecutor upon instructions submitted that the petitioners have

no other criminal antecedents.

Considering the facts and circumstances of the case

and the nature of the allegations and also taking note of the fact

that the petitioners have no other criminal antecedents and that

the alleged contraband has already been seized, I am of the

opinion that a limited custody be granted for the purpose of

investigation. In the result, the application is allowed. The

petitioners shall surrender before the Investigating Officer in OR

No.1 of 2023 of Thamarassery Forest Range Office, Kozhikode on

23.01.2023 and shall make themselves available for interrogation

on that day or on any other day/days between 9.00 a.m. and 6.00

p.m. as directed by the investigating officer. The petitioners shall

co-operate with the investigation. In the event of the arrest of the

petitioners in OR No.1 of 2023 of Thamarassery Forest Range

Office, Kozhikode, they shall be produced before the jurisdictional

court on the very same day and shall be released on bail subject

to the following conditions.

(i) The petitioners shall execute a bond for a sum of

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 OR

No.1 of 2023 of Thamarassery Forest Range Office,

Kozhikode as when required by the investigating officer.

(iii) They shall not attempt to influence the defacto

complainant or interfere with the investigation or to influence

or intimidate any witness in OR No.1 of 2023 of

Thamarassery Forest Range Office, Kozhikode.

(iv) They shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in OR No.1 of 2023 of Thamarassery Forest

Range Office, Kozhikode may file an application before the

jurisdictional Court, for cancellation of bail.

It is made clear that it is within the power of the police

to investigate the matter and if necessary to effect recoveries on

the information if any given by the petitioners even when any of

the petitioners is on bail as per the judgment of the Apex Court in

Sushila Aggarwal and others v. State (NCT of Delhi) and

another (2020 (1) KHC 663).

Sd/-

VIJU ABRAHAM JUDGE

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