Bineesh vs State Of Kerala
2026 Latest Caselaw 2623 Ker

Citation : 2026 Latest Caselaw 2623 Ker
Judgement Date : 7 April, 2026

[Cites 8, Cited by 0]

Kerala High Court

Bineesh vs State Of Kerala on 7 April, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

B.A.No. 1831 of 2026

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                                                 2026:KER:30672


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

   TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948

                   BAIL APPL. NO. 1831 OF 2026

 O.R.NO.3 OF 2026 OF MANNAMANGALAM FOREST STATION, THRISSUR

 AGAINST THE ORDER DATED 18.03.2026 IN BA NO.608 OF 2026 OF
                  SESSIONS COURT, THRISSUR
PETITIONER/ACCUSED:
          BINEESH,
          AGED 47 YEARS
          AKKASSERY HOUSE,
          PUTHUR VILLAGE,
          MAROTTICHAL P.O.,
          THRISSUR, PIN - 680014
           BY ADVS.
           SMT.A.LOWSY
           SRI.K.SHIBILI NAHA
           SMT.T.SWETHA
RESPONDENTS/PETITIONER:

    1      STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM, KERALA, PIN - 682031
    2      DEPUTY RANGE OFFICER,
           MANNAMANGALAM FOREST STATION,
           MANNAMANGALAM P.O.,
           PATTIKKAD RANGE, THRISSUR,
           KERALA, PIN - 680304
           SRI.M.C. ASHI, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No. 1831 of 2026

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                                                          2026:KER:30672




                               ORDER

This application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),

seeking pre-arrest bail.

2. The applicant is the accused No.3 in O.R.

No.3/2026 of Mannamangalam Forest Station, Thrissur

District. The offences alleged are punishable under Sections

2(16), 9, 39, 49A, 50, 51 and 57 of The Wild Life (Protection)

Act, 1972 (Amendment Act, 2022).

3. The prosecution case, in short, is that the accused

Nos. 1 and 2 hunted porcupine by using scissor trap, a device

used for hunting and trapping wild animals and accused No.2

sold 3.5 kilograms of the porcupine meat to accused No.3 for

a consideration of Rs.1,800/-. The allegation against the

applicant is that, he purchased the meat of the porcupine

from accused No.2 by knowing that the same is meat of a

porcupine and thereby committed the offences.

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2026:KER:30672

4. I have heard Smt.A.Lowsy, the learned counsel for

the applicant and Sri.M.C.Ashi, the learned Senior Public

Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted

that the applicant is innocent and has been falsely implicated

in the above crime. The counsel further submitted that no

materials are on record to connect the applicant with the

alleged crime; hence, he is entitled to bail. The learned

Senior Public Prosecutor, on the other hand, submitted that

the alleged incident occurred as part of the applicant's

intentional criminal acts, and if he is released on bail at this

stage, it will affect the course of the investigation.

6. The applicant was arrayed as an accused on the

basis of the confession statement given by accused No.2 that

he had sold the meat to the applicant. However, there is no

recovery of meat from the possession of the applicant. The

investigation is almost over. The accused No.2 was arrested

and has already been released on bail. Considering the

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2026:KER:30672

allegations made against the applicant, his custodial

interrogation seems unnecessary. For these reasons, I find

this to be an appropriate case to grant pre-arrest bail to the

applicant.

In the result, the application is allowed on the following

conditions:-

(i) The applicant shall be released on bail in the event

of his arrest on executing a bond for Rs.1,00,000/- (Rupees

One lakh only) with two solvent sureties for the like sum each

to the satisfaction of the arresting officer/investigating officer,

as the case may be.

(ii) The applicant shall fully cooperate with the

investigation, including subjecting himself to the deemed

police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating

officer between 10.00 a.m. and 11.00 a.m. every Saturday

until further orders. He shall also appear before the

investigating officer as and when required.

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2026:KER:30672

(iv) The applicant shall not commit any offence of a like

nature while on bail.

(v) The applicant shall not attempt to contact any of

the prosecution witnesses, directly or through any other

person, or in any other way try to tamper with the evidence

or influence any witnesses or other persons related to the

investigation.

(vi) The applicant shall not leave the State of Kerala

without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of