Umerali vs State Of Kerala
2023 Latest Caselaw 10609 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                 BAIL APPL. NO. 7082 OF 2023
  CRIME NO.387/2023 OF MALAMPUZHA POLICE STATION, PALAKKAD


PETITIONERS/ ACCUSED NOS. 3 & 4:

    1    UMERALI,
         AGED 37 YEARS, S/O.MOHAMMED T,
         TOTTASSERY,IRINGATTIRI,
         THUVVUR VILLAGE, KARUVARAKUNDU,
         MALAPPURAM DISTRICT, PIN - 676523

    2    CHERIYYAPPAN,
         AGED 45 YEARS, S/O.AYYAPPAN,
         VAKKAYIL COLONY ROAD, IRINGATTIRI,
         KARUVARAKUNDU,
         MALAPPURAM DISTRICT, PIN - 676523

          BY ADV NIREESH MATHEW


RESPONDENT/COMPLAINANT:

         STATE OF KERALA,
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM, KOCHI, PIN - 682031

         SRI.P.G.MANU(MAMMALASSERY), SR.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.7082/2023
                                      ..2..



                   MOHAMMED NIAS C.P., J.
                    ---------------------
                          B.A.No. 7082/2023
            ---------------------------
                   Dated this the 16th day of October, 2023

                             ORDER

This application is filed under Section 438 of the Code of Criminal

Procedure, seeking pre-arrest bail.

2. The petitioners are accused Nos. 3 and 4 in Crime.

No.387/2023 of Malampuzha Police Station, Palakkad District, for

having allegedly committed offences punishable under Section 3 read

with Section 25(1B), (a) of Arms Act 1959.

3. The prosecution case is that, during the period from

08.06.2023 till 10.06.2023, the accused Nos.3 and 4 along with other

accused persons trespassed into the Poozhikunnu Forest area of

Agamalavaram Section of Walayar Forest Range and used a country

made gun, which was not having a license, and hunted wildlife such as

Indian Chevrotain, Indian Porcupine, Sambar Deer by using a gun and

thereafter cut them into pieces and 40 Kgs of meat of the above animals

were kept in the house of the 5th accused and thereby committed the

offence.

B.A.No.7082/2023 ..3..

4. The learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard. Learned counsel for the

petitioners brings to my notice the judgment of this Court in 2020 (4)

KHC 603 Luca Beltrami and others vs. the State of Kerala to submit that

he was been made as an accused only on the basis of the confession

before an officer who is not competent and therefore the said confession

is not acceptable. He also relies on the judgments in B.A.No.9174/2022

for the said proposition.

5. Regarding the decisions relied on, it is seen that apart from

the confession, other materials indicate the role of the accused persons, at

least primafacie. Considering the allegations against the petitioners of

having trespassed into a forest land to hunt the wild animals, I am not

inclined to grant anticipatory bail as it might hamper the investigation.

Therefore, the following directions are issued:-

In the event the petitioners surrender before the Investigating

Officer in two weeks, they shall be interrogated and thereafter, shall be

produced before the Magistrate having jurisdiction on the date of

surrender itself. If the petitioners move for bail, the court below shall,

untrammelled by any of the observations in this order, consider the bail B.A.No.7082/2023 ..4..

application on merits as expeditiously as possible. If the petitioners do not

surrender before the Investigating Officer, as directed above, the

Investigating Officer will be free to arrest the petitioners as if no order

has been passed in this case.

The bail application is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE APA