Jineesh James vs State Of Kerala
2023 Latest Caselaw 146 Ker

Citation : 2023 Latest Caselaw 146 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Jineesh James vs State Of Kerala on 6 January, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                 BAIL APPL. NO. 10581 OF 2022
    O. R. No.12/2022 of Forest Range Officer, Kanhangad,
                      Kasaragod District
PETITIONER/ACCUSED:

          JINEESH JAMES
          AGED 37 YEARS
          KALLARAKKAL HOUSE,
          KARIYOTTUCHAL, MALOME VILLAGE,
          P.O. CHULLY , VELLARIKUNDU TALUK., PIN - 671533
          BY ADVS.
          BONNY BENNY
          M.RAMESH CHANDER (SR.)
          BALU TOM
          GOVIND G. NAIR
          BEJOY JOSEPH P.J.

RESPONDENT/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
    2     FOREST RANGE OFFICER
          FOREST RANGE OFFICE,
          KANHANGAD , KASARAGODE DISTRICT, PIN - 671315
          BY ADVS.
          PUBLIC PROSECUTOR
          SHRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST)
OTHER PRESENT:

          PP -SRI. M.C.ASHI
    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.10581 of 2022            :2:




                       VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                     B.A. No.10581 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 6th day of January, 2023

                                 ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in O. R. No.12/2022 of

Forest Range Officer, Kanhangad, Kasaragod District, alleging

commission of offences punishable under Section 27(i)(e)(iv) of

Kerala Forest Act, 1961 and Sections 2(16)(a), 2(20), 9, 39, and 51

of the Wild Life(Protection) Act.

3. The prosecution allegation is that, on getting secret

information, the Forest Range Officer and party conducted a search

in the house of the petitioner and found cooked meat which was

allegedly procured by the petitioner by killing a wild animal.

4. The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime. The

petitioner submits that he is an auto rickshaw driver and he is the

only person to take care of his family consisting of his wife who is a

cancer patient undergoing treatment at Malabar Cancer Centre.

To substantiate the same, the petitioner has produced Annexure A2

medical certificate issued by the Malabar Cancer Centre. It is the

specific case of the petitioner that the seizure was not done by the

officer who is empowered to do so and therefore the entire

procedure is vitiated.

5. The learned Public Prosecutor upon instructions submitted

that it is true that on getting information that the petitioner was in

possession of meat of wild boar, the meat was seized along with

certain weapons and utensils used for preparing the meat and to

cut the same. It is further submitted that the petitioner has no

other criminal antecedents.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of investigation and only a limited custody be

granted for the same. Therefore, I am inclined to grant bail to the

petitioner subject to stringent conditions. In the result, this

application is allowed. It is directed that the petitioner shall

surrender before the investigating officer on 12.01.2023, at 11

a.m, and subject himself for interrogation on that day and on any

other day/days as directed by the investigating officer. The

petitioner shall co-operate with the investigation. In the event of

arrest in O. R. No.12/2022 of Forest Range Officer, Kanhangad,

Kasaragod District, 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) 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) The petitioner shall appear before the

investigating officer in O. R. No.12/2022 of Forest

Range Officer, Kanhangad, Kasaragod District , on

every Saturday, at 11 am, until the filing of the final

report;

(iii) Petitioner shall appear before the investigating

officer in O. R. No.12/2022 of Forest Range Officer,

Kanhangad, Kasaragod District as and when

summoned to do so;

(iv) The petitioner shall not attempt to (contact the

victim or the defacto complainant) or interfere with

the investigation or to influence or intimidate any

witness in O. R. No.12/2022 of Forest Range Officer,

Kanhangad, Kasaragod District;