Unnikrishnan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 Bail Appl..No. 5761 of 2015 () ------------------------------- (O.R.NO.2/2015 OF SOCIAL FOREST OFFICE, CHAVAKKAD, THRISSUR DISTRICT) ------------------------ PETITIONER(S)/ACCUSED 1 & 2:

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1. UNNIKRISHNAN, AGED 53 YEARS, S/O.GOPINATHAN NAIR, KUTTIMINGATTIL HOUSE, THIRUMITTACODE II, CHATHANNOOR, OTTAPPALAM -679 536.

2. SREEKUMAR T., AGED 35 YEARS, S/O.KRISHNANKUTTY NAIR, THALIYIL HOUSE, PAINKULAM, CHERUTHURUTHY.

BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT/COMPLAINANT:

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

(REPRESENTING SOCIAL FOREST OFFICER, CHAVAKKAD).

BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5761 of 2015 ------------------------------------------------ Dated this the 29th day of September, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioners are accused Nos.1 and 2 in O.R No.2 of 2015 of Social Forest Office, Chavakkad registered for offences punishable under Sections 9, 39, 44, 49 and 49(B) of the Wild Life Protection Act.

3.

Prosecution case, in short, is that on 10-09-2015, the petitioners, who are mahouts under Guruvaoor Devaswom unauthorizedly sold the fallen tail hair of elephants. 4.

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

5.

Considering the nature of allegations, I find no custodial interrogation necessary in this case. Hence, following directions are made :

1.

Petitioners shall surrender before the investigating officer within a period of two weeks from today and submit themselves for

B.A No.5761 of 2015 2 interrogation. In that event, they shall be released on bail on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2. The sureties shall produce documents to establish their identity and solvency.

3. Petitioners shall appear before the Investigating Officer as and when directed in writing and co-operate with the investigation in the matter.

4. Petitioners shall not influence or intimidate witnesses.

5. If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.

Sd/- A.HARIPRASAD, JUDGE.

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