Ajith Shanker v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 Bail Appl..No. 5380 of 2015 () ------------------------------- OR. NO. 3/2015 OF KARIMPANY FOREST STATION, ERNAKULAM DISTRICT -------------------- PETITIONER/18TH ACCUSED :

-------------------------------------------- AJITH SHANKER AGED 27 YEARS, S/O.SANKARAN, KALLUMOOD MADHUMUKKU VAYALIL KADAMPILLY WARD, KADAKAMPILLY VILLAGE THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM. BY ADVS.SRI.SURESH BABU THOMAS SRI.G.SREEKUMAR (CHELUR) SRI.NANDAGOPAL S. KURUP RESPONDENTS/DEFACTO - COMPLAINANT :

----------------------------------------------------------------- RANGE FOREST OFFICER, EDAMALAYAR FOREST STATION EDAMALAYAR, ERNAKULAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI. TOM JOSE PADINJAREKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5380 of 2015 -------------------------------------------- Dated this the 4th day of September 2015

O R D E R

Petitioner filed under Sec.439 Cr.P.C.

2. Petitioner is the 18th accused in O.R. No.3 of 2015 of Karimbany Forest Station registered for the offences under Secs.9, 2(2), 2(16), 2(20), 2(36), 2(37), 39, 48(a), 49, 50, 51 and 57 of the Kerala Wild Life Protection Act. The prosecution case is that the petitioner along with the co-accused trespassed into a reserve forest, armed with guns and shot wild elephants with a view to remove the tusks. Other accused persons who are traders in tusks received it knowing that it was an illegal activity and committed the offences mentioned above.

3. The allegation against the petitioner is that he was found along with the 12th accused who is suspected to be the main culprit in the case.

4. Heard the learned counsel for the petitioner and the learned Additional Director General of Prosecution.

Bail Appl. No.5380 of 2015 2

5. Learned counsel submitted that there is no overt act alleged against the petitioner.

6. Learned Additional Director General of Prosecution opposed the bail application contending that the investigation has not been completed. The government is seriously considering about the handing over of investigation to the CBI as the accused have interstate connections.

Considering the stage of investigation, bail is granted to the petitioner with the following strict conditions.

i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Kuruppampady.

ii. The sureties shall produce documents to prove their identity and solvency.

Bail Appl. No.5380 of 2015 3 iii. The learned Magistrate need not insist on solvency certificate but there must be sufficient documents to reveal the identity and solvency of the sureties.

iv. The petitioner shall report before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on every Mondays and Thursdays until final report is filed.

v. The petitioner shall surrender his passport, if any, before the learned Magistrate or if he does not have the one, file an affidavit to that effect.

vi. The petitioner shall not intimidate or influence the witnesses nor shall he meddle with the investigation in any manner.

Vii. The petitioner shall not leave the State of Kerala without obtaining permission from the learned Magistrate.

viii. The petitioners shall not involve in

Bail Appl. No.5380 of 2015 4 any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge