Kerala High CourtLakshmanan vs State Of Kerala on 4 September, 2015Author:A. HariprasadBench:A.HariprasadIN 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. 4733 of 2015
                                              -------------------------------

       OR.NO. 1/2015 OF EDAMALAYAR FOREST STATION, ERNAKULAM DISTRICT.
                                                         ...........

PETITIONERS/ACCISED NO.23 & 24:
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        1. LAKSHMANAN, AGED 57 YEARS,
            S/O PADMANABHAN, ARIKKAPPILLIYIL HOUSE,
            ARAKKUZHA KARA, MARADI VILLAGE,
            MUVATTUPUZHA TALUK.

        2. AMBIKA, AGED 53 YEARS,
            W/O LAKSHMANAN, ARIKKAPPILLIYIL HOUSE,
            ARAKKUZHA KARA, MARADI VILLAGE,
            MUVATTUPUZHA TALUK.


            BY ADVS.SRI.M.B.SANDEEP
                          SMT.R.PRIYA
                          SRI.V.VISAL AJAYAN
                          SRI.B.SURJITH
                          SRI.ABHILASH JOSE
                          SRI.M.A.AHAMMAD SAHEER
                          SMT.R.ANJANA

RESPONDENT/COMPLAINANT:
--------------------------------------------

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN:682 031.


             BY ADDL. DGP SRI.TOM JOSE PADINJAREKARA


            THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
            ON 04-09-2015, THE COURT ON THE SAME DAY PASSED THE
            FOLLOWING:

mbr/



                    A. HARIPRASAD, J.
                 ------------------------------
               Bail Appl. No.4733 of 2015
           --------------------------------------------
       Dated this the 4th day of September 2015

                          O R D E R-------------Petition filed under Section 439 Cr.P.C.2. Petitioners are accused nos.23 and 24 in O.R.

No.1 of 2015 of Edamalayar Forest Station.3. Prosecution case in brief is that the

petitioners along with other accused persons committed

trespass, armed with weapons like gun etc., into a

Reserve   Forest     in    Thundathil       Forest     Range of

Malayattoor notified reserve. It is alleged that the

accused were not having any licence to hold or use the

gun and some of the accused hunted wild elephants by

using guns and extracted the tusks. They handed over

tusks to other accused persons for commercial purposes.

Therefore, the accused persons have committed offences

punishable underSections 27(1)(e)(iv)of Kerala Forest

Act underSection 2(16),2(35),2(36),9,39,51,52of Wild

Life Protection Act.4. The allegation against the petitioners is thatBail Appl. No.4733 of 2015    2the transaction of the ivory took place from the house of

the petitioners.5.   Heard     the learned  counsel    for  the

petitioners and the learned Additional Director General of

Prosecution.6.   Learned    counsel  for  the    petitioners

submitted that the petitioners are not directly involved in

the offence of poaching the elephants or extracting the

tusks. The petitioners have been in custody since

18.07.2015. As the investigation in respect of the

petitioners have been completed, there is no reason for

detaining them in custody any more.7. Learned Additional Director General of

Prosecution opposing the bail application contended that

the petitioners are involved in trading several items of

ivory and some pieces were recovered from their

possession. It is also submitted that there are about 40

persons involved in the crime and identity of many of

them are yet to be revealed. That apart about 10 persons

evade the arrest. The investigation has not beenBail Appl. No.4733 of 2015    3completed. Since, the State feels that the accused are

having inter-State connections, the Government is

seriously thinking of handing over the investigation to

CBI. The process is on. Therefore, the petitioners shall

not be released on bail at this moment, as there is every

likelihood of their fleeing from justice and meddling with

further investigation.Considering the fact that the petitioners are

arrested on 18.07.2015 and the investigation has

advanced to a considerable extent, I am inclined to grant

bail to the petitioners with the following conditions. It is

made clear that the investigating officer shall not give

room for any complaint of harassment of the petitioners

while they appear before the investigating officer as

directed by this Court.1)The petitioners will be released on bail on their
      executing a bond for Rs.50,000/- (Rupees fifty
      thousand only) each with two solvent sureties
      each for the like sum to the satisfaction of the
      presiding officer of the Court concerned.2)The sureties shall produce documents to reveal
      their identity and solvency.3)The court below need not insist on solvencyBail Appl. No.4733 of 2015     4certificates, but it is made clear that there must
      be clinching documents to reveal the identity of
      the sureties and their solvency.4)The sureties shall be persons hailing from the
      State of Kerala.5)The petitioners shall surrender their passports
      if any forthwith. If they do not have passports,
      shall file an affidavit before the court below
      stating that fact.6) They shall appear before the Investigating
      Officer on all Mondays and Thursdays between
      10 a.m and 11 a.m. until the final report is
      filed.7) They shall not intimidate or attempt to
      influence the witnesses.8) They shall not in any manner interfere or
      meddle with the investigation.9) They shall not leave the limits of the State of
      Kerala without the permission of the lower
      court.If any of the conditions are breached, the learned

 Magistrate is empowered to cancel the bail without

 referring the matter to this Court.Sd/-A. HARIPRASAD,
                                      JUDGE


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