Kerala High Court
Basheer vs State Of Kerala on 19 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:70006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
BAIL APPL. NO. 11301 OF 2025
CRIME NO.5/2025 OF OTTAPALAM FOREST RANGE OFFICE,
PALAKKAD AGAINST THE ORDER/JUDGMENT DATED 27.08.2025 IN CMP
NO.4869 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
PATTAMBI.
PETITIONER:
BASHEER.,
AGED 53 YEARS,
S/O KAMMUNNI PUTHENPEEDIKAYIL HOUSE THEKKE
VAVANNUR NAGALASSERY P O PALAKKAD.,
PIN - 679 533.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SMT.DIPA V.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
SRI.RAAJESH S.SUBRAHMANIAN
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
SRI. PRASANTH M.P., PP
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
-2-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.09.2025, ALONG WITH BAIL APPL.NOS.11292/2025, 11293/2025
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
BAIL APPL. NO. 11292 OF 2025
CRIME NO.5/2025 OF OTTAPALAM FOREST RANGE OFFICE, PALAKKAD
PETITIONER:
ASHARAFALI,
AGED 42 YEARS,
S/O.ABOOBACKER SIDHIQUE, VALIYA VALAPPIL HOUSE,
PATTITHARA (P.O), PALAKKAD DISTRICT.,
PIN - 679 534.
BY ADV SRI.NIREESH MATHEW
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI., PIN - 682 031.
SRI.PRASANTH M P (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.09.2025, ALONG WITH BAIL APPL.NO.11301/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
BAIL APPL. NO. 11293 OF 2025
CRIME NO.5/2025 OF OTTAPALAM FOREST RANGE OFFICE,
PALAKKAD AGAINST THE ORDER/JUDGMENT DATED 27.08.2025 IN CMP
NO.4869 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
PATTAMBI
PETITIONER:
DEVADAS.,
AGED 64 YEARS,
S/O RAVEENDRAN, SRUTHILAYAM CHERIKKONAM,
KANNANALLUR P O, KOLLAM, PIN - 691 576.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
SRI.PRASANTH M P (PP)
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
-5-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.09.2025, ALONG WITH BAIL APPL.NO.11301/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
-6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
BAIL APPL. NO. 11294 OF 2025
CRIME NO.5/2025 OF OTTAPALAM FOREST RANGE OFFICE,
PALAKKAD AGAINST THE ORDER/JUDGMENT IN CMP NO.4869 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI.
PETITIONER:
RENJU K S.,
AGED 32 YEARS,
S/O SAJEEV K S KIZHAKKECHENUVUKALAYIL
MEZHUVELI ILAVUMTHITTA P O PATHANAMTHITTA,
PIN - 689 625.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SHRI.AZAD SUNIL
SHRI.AKASH CHERIAN THOMAS
SMT.DIPA V.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031 (CRIME
NO. O R NO. 05/2025 OF FOREST RANGE, OTTAPALAM)
SRI.NOUSHAD K A (PP)
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
-7-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.09.2025, ALONG WITH Bail Appl..11301/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
-8-
BECHU KURIAN THOMAS, J
--------------------------------------
Bail Appl. Nos.11301, 11292, 11293
and 11294 of 2025
------------------------------------
Dated this the 19th day of September, 2025
ORDER
These bail applications are filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners in B.A.Nos.11293, 11294, 11301 of 2025 are
accused Nos.1, 2 and 3 respectively, while in B.A.No.11292 of 2025 is
the fourth accused in O.R No.5 of 2025 of Forest Range Office,
Ottapalam, Palakkad, registered for the offences punishable under
sections 2(1), (11), (14), (16), (36), 9, 39, 43, 44, 49, 50 and 51 of the
Wild Life (Protection) Act, 1972.
3. According to the prosecution, accused had illegally traded a
Red Sand Boa, which is an endangered animal and thereby committed
the offences alleged. Petitioners were arrested on 25.08.2025, and they
have been in custody since then.
4. Heard the learned counsel for the petitioners as well as the
learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the
petitioners have been in custody since 25.08.2025, and hence further
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
detention is not necessary.
6. The learned Public Prosecutor opposed the bail
application and submitted they ought not to be released on bail.
7. Petitioners are alleged to have illegally traded a Red Sand
Boa, which is a species of animal scheduled in Part C of Schedule I of
the Wild Life (Protection) Act. Accused 1 and 2 were allegedly caught
red handed with the animal, while accused 3 and 4 are persons who are
alleged to have supplied the said reptile to the above referred accused.
Though the allegations are serious, considering the period of custody
already undergone by them from 25.08.2025, I am of the view that
further detention is not necessary.
In the result, these applications are allowed on the following
conditions:-
(a) Petitioners shall be released on bail on them executing a
bond for Rs.50,000/- (Rupees fifty thousand only) each with
two solvent sureties each for the like sum to the satisfaction
of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating Officer as
and when required.
(c) Petitioners shall not intimidate or attempt to influence the
witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while
they are on bail.
In case of violation of any of the above conditions or if any
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
modification or deletion of the conditions are required, the jurisdictional
Court shall be empowered to consider such applications, if any, and pass
appropriate orders in accordance with law, notwithstanding the bail
having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
APPENDIX OF BAIL APPL. 11301/2025
PETITIONER ANNEXURES
Annexure i THE COPY OF THE ORDER PASSED BY THE
JUDICIAL MAGISTRATE OF FIRST CLASS,
PATTAMBI DATED 27.08.2025
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
APPENDIX OF BAIL APPL. 11292/2025
PETITIONER ANNEXURES
Annexure 1 TRUE PHOTOCOPY COPY OF THE ORDER DATED
27.08.2025 IN C.M.P NO. 4872/2025 PASSED
BY THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, PATTAMBI
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
APPENDIX OF BAIL APPL. 11293/2025
PETITIONER ANNEXURES
Annexure I THE CERTIFIED COPY OF THE ORDER PASSED BY
THE MAGISTRATE OF FIRST CLASS, PATTAMBI
DATED 27.08.2025
Bail Appl. No.11301 of 2025 and Conn. cases
2025:KER:70006
APPENDIX OF BAIL APPL. 11294/2025
PETITIONER ANNEXURES
Annexure-1 A TRUE COPY OF THE ORDER PASSED BY THE
JUDICIAL MAGISTRATE OF FIRST CLASS,
PATTAMBI DATED 27.08.2025
