Rakesh Kumar Sisodia v. The Forest Range Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 Bail Appl.No. 2054 of 2015 ------------------------------------- OR. NO. 1/2015 OF MEKKAPALA FOREST STATION OFFICE, ERNAKULAM .....

PETITIONER(S):

----------------------- RAKESH KUMAR SISODIA, AGED 47 YEARS, S/O.HEMRAJ SINGH, RESIDING AT 9B, PROVIDENS GROOVE, PROVIDENTS ROAD, ERNAKULAM-682018 AND THE PROPRIETOR, KERALA TRADERS, PADIVATTOM, EDAPPILLY, ERNAKULAM.

BY ADVS.SRI.GOVIND K.BHARATHAN (SR.) SRI.S.K.MADHU SRI.C.A.JOY RESPONDENT(S):

--------------------------

1. THE FOREST RANGE OFFICER, KODANADU RANGE, MECKAPALA FOREST STATION, KODANADU, ERNAKULAM.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.SHIBU JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

............................................

B.A.No. 2054 of 2015 (B) ............................................... Dated this the 27th day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. The petitioner is alleged to have committed the offences under sections 39(2)(3), 49B(I)(a)(i), read with 51(1) section of the Wild Life Protection Act, 1972.

3. The allegation is that he has sold painting brushes the bristles of which are made of mongoose hair.

4. Heard.

5. The petitioner is a vendor of brushes used for painting. His submission is that he has nothing to do with its manufacture. He is only a dealer. He purchased it from a shop in Uttar Pradesh. 6.

Learned Public Prosecutor submits that interrogation of the petitioner is necessary to ascertain the source from which he used to get the brushes. As of now there is nothing to show that the petitioner was aware of the nature of the brushes. So, I am inclined to grant him anticipatory bail; but, appropriate conditions will be imposed so that the investigation is not defeated.

In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs. 50,000/-(Rupees fifty thousand only)with with two solvent sureties each for the like sum if he is arrested by the Police in

B.A.No. 2054 of 2015 (B) ::2::

connection with this case.

2) He shall appear before the investigating officer between 10.00 a.m and 12.00 noon for three days consecutively for interrogation.

3) He shall not leave the State of Kerala without the previous permission of the Investigating Officer.

4) He shall not destroy or tamper with evidence. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge