Case No. – 392 of 2019
HIGH COURT OF KERALA
BENCH: Hon’ble Mr. Sunil Thomas J.
DATE OF JUDGEMENT: 8 February 2019
RELEVANT ACTS/SECTIONS:
Section 2 of the wildlife protection act 1972 (Destroying or taking any body part of any animal)
Section 9 of the wildlife protection act 1972 (Prohibition for hunting)
Section 16(A) of the wildlife protection act 1972 (Prohibition of entry into the sanctuary with a weapon)
Section 52 of the wildlife protection act 1972 (Attempts and abatements)
Section 27(1)(e) of the Indian Forest Act, 1927 (Power to declare forest no longer reserved)
BACKSTORY
The applicant was displayed as the ninth accused in O.R.No.4 for 2017 of Nellikkuth Forest Range in Malappuram region for offences culpable under areas 27(1)(e) and IV of Forest Act and segments 2, 16A, 9, 52 of the Wild Life Protection Act.
The arraignment charged that, during July 2017, all the accused intruded into the reserve forest conveying an unlicensed weapon and endeavored to hunt wild animals. They were helped by charged. In the interim, the trap camera introduced in the forest got activated. Applicant and the co-charged purportedly destroyed the camera. The crime was enlisted and the petitioner and others were captured in the crime. Following a couple of days’ judicial custody, he was released. Catching arrest in the O.R that was registered, petitioner seeks pre-arrest bail.
JUDGEMENT
The anticipatory bail application is allowed.
And it was held that “within ten days from the day of judgement, the petitioner shall appear before the investigation officer and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with B.A.392/19 two guarantees for the like aggregate each. He will show up before the forest authorities as and when called for. He will not engage in some other indistinguishable offence.”