Suhail N vs State Of Kerala
2023 Latest Caselaw 1305 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. 43 OF 2023
OR NO. 5/2022 OF PALAKKAYAM FOREST STATION OFFICE, PALAKKAD
PETITIONER/NOT ARRAYED AS ACCUSED:

             SUHAIL N., S/O AZEEZ, AGED 32 YEARS,
             NADUKKANCHIRA HOUSE, CHERPULASERRY PO.,
             PALAKKAD DISTRICT, PIN 679503
             BY ADVS.
             K.M.SATHYANATHA MENON
             P.ARUN KUMAR (MONCOMPU)
             M.S.SARUN


RESPONDENT/STATE:

    1        STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, KOCHI - 682031
    2        THE FOREST RANGE OFFICER
             MANNARKKAD FOREST RANGE,
             PALAKKAD, PIN - 675582

OTHER PRESENT:

             PP: M.C.ASHI



        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.01.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BA No.43 of 2023                                2




                               VIJU ABRAHAM, J.

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

B.A. No.43 of 2023 ................................................................. Dated this the 18th day of January, 2023

This is an application for anticipatory bail.

2. Petitioner is the 14th accused in OR No.5 of 2022 of

Palakkayam Forest Station Office, Palakkad registered alleging

commission of offences punishable under Section 27[1][e][iv] of the

Kerala Forest Act and under Sections 9, 39, 44, 48A, 50 and 51 of the

Wildlife Protection Act, 1972.

3. The prosecution allegation is that the accused has

trespassed into the forest area and killed a wild gaur.

4. On an earlier occasion, the petitioner approached this

Court seeking bail and the said bail application was closed recording

the submission of the learned Public Prosecutor that the petitioner is

not arrayed as an accused. Thereafter petitioner was served with

Annexure E notice directing his appearance before the investigating

officer. Petitioner submits that he has been falsely implicated in the

above-said crime and that he has no criminal antecedents. He further

submits that most of the accused involved in the offence have been

arrested and released on bail. Petitioner submits that pursuant to the

direction issued by the court, he has appeared before the investigating

officer and co-operated with the investigation. Due to severe mental

and physical torture at the hand of the investigating officer, the

petitioner had to seek medical help as is evident from Annexures I and

J. Petitioner further submits that he is ready and willing to co-operate

with the investigation.

5. The learned Public Prosecutor opposed the application for

bail and also refuted the allegation of torture. Learned Public

Prosecutor upon instructions submitted that out of the 15 accused, A1,

A2, A5, A6, A7, A8, A9 and A10 have surrendered and recoveries have

been effected. The learned Public Prosecutor further submitted that

though the petitioner has revealed in the interrogation of about what

happened inside the forest, he has not fully co-operated with the

investigation. The learned Public Prosecutor further submitted that the

petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and

the nature of the allegations, I am inclined to grant anticipatory bail to

the petitioner granting a limited custody for the purpose of

investigation. In the result, the applications are allowed. The petitioner

shall surrender before the Investigating Officer in OR No.5 of 2022 of

Palakkayam Forest Station Office, Palakkad on 23.01.2023. In the

event of the arrest of the petitioner in OR No.5 of 2022 of Palakkayam

Forest Station Office, Palakkad, he 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 petitioner shall execute a bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for

the like sum to the satisfaction of the Jurisdictional court.

(ii) He shall appear before the investigating officer in OR No.5 of

2022 of Palakkayam Forest Station Office, Palakkad as when

summoned by the investigating officer.

(iii) He shall not attempt to influence the defacto complainant or

interfere with the investigation or to influence or intimidate any

witness in OR No.5 of 2022 of Palakkayam Forest Station Office,

Palakkad.

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

If any of the aforesaid conditions are violated, the investigating

officer in OR No.5 of 2022 of Palakkayam Forest Station Office,

Palakkad 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 petitioner even when the petitioner 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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