Joy O.V. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 Bail Appl..No. 5345 of 2015 -------------------------------------- CRIME NO. 6/2015 OF MANNAMANGALAM FOREST STATION OFFICE , THRISSUR -------------- PETITIONER(S)/ACCUSED 1 & 2:

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1. JOY O.V, . AGED 43 YEARS, S/O VARGHESE, ODAKKAL HOUSE, PO CHENNAIPPARA (PEECHI), MAYILKKUTTIMUKKUE DESAM, MANNAMANGALAM VILLAGE, THRISSUR DISTRICT 680 653.

2. PRABEESGH @ KANNAN, AGED 35 YEARS, S/O PRABHAKARAN, AYINIKKILATH HOUSE, VELLAKKARITHADAM DESAM, PO CHENNAIPPARA (PEECHI), THRISSUR DISTRICT 680 653.

BY ADVS.SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) SRI.RAJAN VISHNURAJ RESPONDENT(S):

------------------------ STATE OF KERALA, REPRESENTED BY DEPUTY RANGE OFFICER, MANNAMANGALAM FOREST STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 680 653.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5345 of 2015 ------------------------------------------------ Dated this the 8th day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioners are accused 1 and 2 in O.R No.6/2015 of Mannamangalam Forest Station registered for offence punishable under Section 9 r/w Section 51 of Wild Life Protection Act. It is alleged that they laid an electric trap for killing wild boar and used its flesh for consumption. They were arrested on 09-08-2015.

3.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4.

Learned counsel submitted that the petitioners are agriculturists and they were attempting to protect their crops. Considering the fact and circumstance of the case and the stage of investigation, I find that bail can be granted to the petitioners with following conditions :

1. The petitioners shall be released on bail on

B.A No.5345 of 2015 2 executing a bond for Rs.50,000/- each (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The learned trial Judge need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. The petitioners shall appear before the Investigating Officer on all Sundays between 10.00 and 11.00 a.m until final report is filed.

4. The petitioners shall not indulge in any offence while on bail.

5. The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// P.A to Judge amk