Kerala High Court
Haridas @ Santhosh vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 1336 OF 2024
CRIME NO.2/2024 OF DEVIKULAM FOREST RANGE OFFICE, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 12.02.2024 IN CRMC NO.85 OF 2024 OF
DISTRICT COURT & SESSIONS COURT,THODUPUZHA
PETITIONER(S)/ACCUSED NO.1:
HARIDAS @ SANTHOSH,
AGED 46 YEARS
S/O. GANGADHARAN,PALLIKKASSERY HOUSE, EZHALLOOR KARA,
KUMARAMANGALAM VILLAGE, THODUPUZHA, PIN - 685 605
BY ADVS.
C.P.UDAYABHANU
NAVANEETH.N.NATH
RESPONDENT(S)/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 RANGE FOREST OFFICER,
DEVIKULAM FOREST RANGE OFFICE,IDUKKI DISTRICT, PIN - 685613
BY ADV.
SRI. PRASANTH M P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. NO. 1336 OF 2024
2
P.V.KUNHIKRISHNAN, J.
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B.A. No.1336 of 2024
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Dated this the 16th day of April, 2024
ORDER
This Bail application is filed under Section 438 of
Criminal Procedure Code.
2. The petitioner is the 1st accused in O.R.
No.2/2024 of Range Forest Office, Devikulam
registered for the offence punishable under Section
2(16), 9, 39, 50, 51 of Wild Life (Protection) Act, 1972.
3. The prosecution case is that on 15.01.2024,
the petitioner and other accused persons entered into
the Vakkil Thottam cardamom estate at Kurizupara
B.A. NO. 1336 OF 2024
Bhagam coming under the Pallivasal section in
Devikulam Forest range and and hunted a 'barking
dear' coming within the schedule one of Wild Life
Protection Act and it was slaughtered and portion of
the meat was cooked and the remaining portion of the
meat was transported and thereby committed the
alleged offence.
4. Heard the learned counsel for the petitioner
and the learned Public Prosecutor. Learned Public
Prosecutor seriously opposed the bail application.
5. After hearing both sides, I think this is not a
fit case, in which orders u/s.438 Cr.P.C can be passed.
At this stage the counsel for the petitioner submitted
that the petitioner will surrender before the
Investigating Officer. The counsel also submitted that
B.A. NO. 1336 OF 2024
there may be a direction to produce the petitioner after
interrogation before the jurisdictional court and there
may be a direction to the jurisdictional court to
consider the bail application on the date of production
of the petitioner. I think that prayer can be allowed.
6. Considering the submission of the counsel
for the petitioner, this bail application is disposed of
with the following directions.
1) The petitioner will surrender before the
Investigating Officer within ten days from
today.
2) If the petitioner surrender before the
Investigating Officer as directed above, the
Investigating Officer is free to interrogate
the petitioner and shall produce the
B.A. NO. 1336 OF 2024
petitioner before the jurisdictional court on
the date of surrender itself.
3) The petitioner is free to file bail application
before the jurisdictional court at the time of
producing him before the Magistrate. If
such a bail application is filed with
advance copy to the prosecutor
concerned, the jurisdictional court will
consider that bail application in
accordance with law and pass appropriate
orders in it, preferably on the date of filing
of the same itself.
4) The Investigating Officer is free to file
custody application, if necessary, at the
time of producing the petitioner and if such
B.A. NO. 1336 OF 2024
application is filed, the jurisdictional court
is free to pass appropriate orders in it also.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
B.A. NO. 1336 OF 2024
APPENDIX OF BAIL APPL. 1336/2024
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE ORDER IN CRL.
M.C. 85/2024 DATED 12.02.2024 PASSED BY
THE HON'BLE SESSIONS COURT,
THODUPUZHA
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
