[Cites 7, Cited by 0]
Kerala High Court
Anto R vs Union Territory Of Lakshadweep ... on 23 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.780/2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
BAIL APPL. NO. 780 OF 2026
CRIME NO.1/2026 OF KADAMAT ISLAND POLICE STATION,
Lakshadweep
PETITIONER/ACCUSED:
1 ANTO R, AGED 36 YEARS
,S/O RAJU, 1-27 JOSEPH COLONY ERAVIPUTHENTHURAI,
THOOTHOOR, VILAVENCODE, KANNIYAKUMARI, THUTHUR
TAMIL NAD, PIN - 629176
2 BIKASH SAH, AGED 34 YEARS
S/O DVARIKA PRASAD,POST-JADOPUR, DUKAHAHARAN,
GOPALGANJ, BIHAR, PIN - 841428
3 CHRISTUDHAS S, AGED 40 YEARS
S/O SAVARIYAPPAN,1-1-245, ST JOSEPH
ERAVIPUTHENTHURAI, THOOTHOOR, VILAVENCODE,
KANNIYAKUMARI, THUTHUR TAMIL NADU, PIN - 629176
4 GILBIN R, AGED 29 YEARS
S/O RAJU, 1-27 JOSEPH COLONY ERAVIPUTHENTHURAI,
THOOTHOOR, VILAVENCODE, KANNIYAKUMARI, THUTHUR
TAMIL NADU, PIN - 629176
5 YOHANNAN J, AGED 47 YEARS
S/O JOSEPH TC 69/751 CHERIYAMUTTOM, POONTHURA, P
O, THIRUVANANTHAPURAM, KERALA, PIN - 695026
6 BAIJU V,AGED 43 YEARS
S/O VILLARI, 1-1-94, ST JOSEPH COLONY
ERAVIPUTHENTHURAI, THOOTHOOR, VILAVENCODE.
KANNIYAKUMARI, THUTHUR TAMIL NADU, PIN - 629176
7 AMALADASON S, AGED 58 YEARS, S/O SOOSAI PAKKIAM,
424, KURUSADI VILAGAM, ERAVIPUTHENTHURAI,
THOOTHOOR, VILAVENCODE KANNIYAKUMARI, THUTHUR
TAMIL NADU, PIN - 629176
B.A.No.780/2026
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8 PINTU SAIKIA, AGED 30 YEARS
S/O NABA SAIKIA, NAHARAPUKHURI KONWAR, GAON,
CHARAAIDEO, SIVASAGAR, CHANDAMONDA, CHANGMAI, PO;
BORHAT, DIST: SIBSAGAR, ASSAM, PIN - 785693
9 VIJU E, AGED 43 YEARS
S/O ERUTHAYADHASAN, 1-85, JOSEPH COLONY
ERAVIPUTHENTHURAI, THOOTHOOR, VILAVENCODE,
KANNIYAKUMARI, THUTHUR TAMIL NADU, PIN - 629176
10 MUHAMMED SIYAD PV, AGED 43 YEARS
PUTHIYAVEEDU, WARD V, KILTAN, LAKSHADWEEP, PIN -
682558
11 JOSE A, AGED 57 YEARS, S/O ANTHONIPILLAI, 1-412 B,
KURISSADIVILAGAM, ERAVIPUTHENTHURAI, THOOTHOOR,
VILAVENCODE, KANNIYAKUMARI, PIN - 629176
BY ADVS. SMT.M.B.SHYNI
SHRI.ELDHOSE JOY
SHRI.V.R.ANILKUMAR
SMT.VISHNUJA BIJU
RESPONDENT/S:
*STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM PIN 682031
*R1 UNION TERRITORY OF LAKSHADWEEP ADMINISTRATION
REPRESENTED BY ITS STANDING COUNSEL, HIGH COURT OF
KERALA. ERNAKULAM-682021
*IS CORRECTED AND SUBSTITUTED AS PER ORDER DATED
12/2/26 IN CRL.MA.1/26., PIN - 682031
BY ADV SRI.R.V.SREEJITH
SRI K A NOUSHAD(SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.780/2026
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ORDER
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS)
seeking regular bail.
2. The applicants are the accused Nos. 1 to 11 in
Wild Life Offence Report (KDT) No.1/2026 of Kadmat Forest
Range, Lakshadweep. The offences alleged are punishable under
Sections 9, 39(1)(a), 39(1)(b), 39(1)(d), 48A, 50, 51(1), 51(1)A
and 56 of the Wild Life (Protection) Act, 1972 (for short, the Wild
Life (Protection) Act).
3. The prosecution case, in short, is as follows: The
Forester, Officer in Charge, (Kadmat Forest Range) Department of
Environment and Forest noticed fishing boat named 'Saffreena-2'
operating nearby and parallel to Palliayachaal at south-east side
of Kadmat Island. Upon enquiry among the 11 crew members on
the boat, ten were of mainland and one from Kiltan Island.
Among them, Mr. Anto was on bail in WLOR (Kvt) No. 2/2023.
They failed to produce valid permit or crew list. The Forester
reported it to the Fisheries Department, Station House Officer of
Kadmat Police Station, the team reached the spot and conducted
search in the vessel. They found Bottlenose Wedgefish and a
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Bowmouthed Guitarfish in the freezer containing about 1.5 tones
of fish in contravention of the Wild Life (Protection) Act and
thereby committed the offences.
4. I have heard Smt. M.B. Shyni, the learned
counsel for the applicants and Sri. R.V. Sreejith, the learned
Standing Counsel. Perused the case diary.
5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely implicated
in the present case. The counsel further submitted that no
materials are on record to connect the applicants with the alleged
crime; hence, they are entitled to bail. On the other hand, the
learned Standing Counsel submitted that the alleged incident
occurred as a part of the intentional criminal acts of the
applicants, and they are not entitled to bail at this stage.
6. The applicants were remanded to judicial custody
on 22.1.2026. The investigation is almost over. The recovery has
been effected. Except the applicant Nos. 1 and 5, none of the
remaining applicants have any criminal antecedents. The learned
Standing Counsel made available to me the copy of WLOR (Kvt)
No.2/2023 in which the applicant Nos. 1 and 5 were involved in
crime for the offences punishable under Sections 27, 29, 31, 39,
50 and 51 of the Wild Life (Protection) Act. It would show that
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the only allegation against them is that they conducted fishing in
a prohibited area. For these reasons, I do not find any reason to
hold that the continued detention of the applicants is required for
any purpose. Hence, the applicants are entitled to be released on
bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicants shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only) each
with two solvent sureties for the like sum each to the satisfaction
of the jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the
investigation.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m every
Saturday until further orders. They shall also appear before the
investigating officer as and when required.
(iv) The applicants shall not commit any offence of a
like nature while on bail.
(v) The applicants 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
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influence any witnesses or other persons related to the
investigation.
(vi) The applicants shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
the bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2026:KER:15938
APPENDIX OF BAIL APPL. NO. 780 OF 2026
PETITIONER ANNEXURES
Annexure -1 THE TRUE COPY OF THE WILD LIFE OFFENCE
REPORT(KDT) 1/2026 OF KADAMATH FOREST
RANGE
Annexure -2 TRUE COPY OF THE ORDER DATED 03.02.2026
IN CRL.MP 24/2026 ISSUED BY THE TEF
JUDICIAL FIRST CLASS MAGISTRATE, AMINI
