Abdul Kareem v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 Bail Appl..No. 5287 of 2015 ------------------------------------- CRIME NO. 11/2014 OF MEPPADY FOREST RANGE OFFICE , WAYANAD -------------------- PETITIONER/ACCUSED NO.5:

------------------------------------------ ABDUL KAREEM, AGED 42 YEARS, S/O. ABOOBACKER MUSLIAR, VATTIMEL HOUSE, PUTHUPPADI P.O., THAMARASSERY TALUK, KOZHIKODE DISTRICT.

BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT/STATE:

-------------------------------- STATE OF KERALA, (O.R.NO. 11/2014 OF MEPPADI FOREST RANGE) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5287 of 2015 -------------------------------------- Dated this the 7th day of September, 2015

ORDER

Petitioner is the fifth accused in O.R.No.11 of 2014 of Meppadi Forest Range registered for offences punishable under Sections 1(16), 35, 9, 39(d) read with Section 51(1) of the Wild Life (Protection) Act, 1972. 2.

Heard both sides.

3.

Learned counsel for the petitioner submitted that the petitioner is no way connected with the crime and he has no acquaintance with other accused persons. Opposing this argument, learned Public Prosecutor submitted that identity of the petitioner was revealed on questioning the other accused persons. It was reasonably clear that the accused persons made preparations for hunting wild animals in a vested forest. The plea of total innocence raised by the petitioner is not prima facie established from the materials in the case diary.

Considering the nature of allegations, I find no reason to allow this petition. Petition is dismissed. Petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation. Thereafter, the investigating officer shall produce him before the Magistrate having jurisdiction on the date of surrender itself. Petitioner

BA No.5287/2015 is free to move an application for regular bail before the court concerned and in that event, the application shall be considered on merits as expeditiously as possible.

A. HARIPRASAD, JUDGE.

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