Kerala High Court

Bail Appl./9383/2019 of JOBIN.K.T. Vs RANGE FOREST OFFICER, THAMARASSERY RANGE, on 31 December 2019

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9383 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 1777/2019 DATED 16-12-2019 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE O.R. NO.20/2019 OF

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ASHOK MENON

TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941

Bail Appl..No.9383 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 1777/2019 DATED 16-12-2019 OFDISTRICT COURT & SESSIONS COURT,KOZHIKODE

O.R. NO.20/2019 OF Thamarassery Forest Range Office , Kozhikode PETITIONERS/ACCUSED 7 TO 9:

1JOBIN.K.T.AGED 24 YEARSS/O.JOSEPH, KODAKALLINGAL VEEDU, NOORAMTHODU, KODENCHERY VILLAGE, ADIVARAM P.O., KOZHIKKODE DISTRICT, PIN-673 586.

2VIBIN JOSEPHAGED 22 YEARSS/O.JOSEPH, KODAKALLINGAL VEEDU, NOORAMTHODU, KODENCHERY VILLAGE, ADIVARAM P.O., KOZHIKKODE DISTRICT, PIN-673 586.

3MANOJ.M.P.,AGED 33 YEARSMANJALIL HOUSE, NOORAMTHODU, KODENCHERY VILLAGE, ADIVARAM P.O., KOZHIKKODE DISTRICT, PIN-673 586.

BY ADVS.SRI.M.P.MADHAVANKUTTYSRI.P.SUJITH KUMAR

RESPONDENTS/COMPLAINANT:

1RANGE FOREST OFFICER, THAMARASSERY RANGE,KOZHIKKODE FOREST DIVISION, KOZHIKKODE DISTRICT, PIN-673 573.KOZHIKKODE FOREST DIVISION, KOZHIKKODE DISTRICT, PIN-673 573.

2STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

OTHER PRESENT:

SMT.SREEJA.V., PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

Dated this the 31st day of December 2019

Petitioners are accused 7 to 9 in OR No.20/2019of Thamarassery Forest Range, Kozhikkode for havingallegedly committed offences punishable underSections 9, 39, 48A, 49B, 50, 51, 52 and 56 of theWildlife (Protection) Act, 1972. The specific caseagainst the petitioners is that they had managed tohunt Bos Gaurus unauthorisedly and the meat wasrecovered from accused 1 to 5. They were alreadyarrested and subsequently released on bail. Thespecific allegation against the petitioners is thatthey had transported the meat. In view of thepresumption available against the accused under theForest Act, the complicity of the petitioners cannotbe disregarded. The petitioners are thereforedirected to surrender before the investigatingofficer within a period of ten days and on their surrendering, they shall be produced before thejurisdictional Magistrate without any delay. Theirbail application shall also be considered by thejurisdictional Magistrate on the very same day theyare produced before the Court.

With these observations, the Bail Application isdisposed of.

jg

Sd/-

ASHOK MENON

JUDGE

BA 9383/2019

-4-

APPENDIX

PETITIONER'S EXHIBITS

ANNEXURE-I :CERTIFIED COPY OF THE ORDER DATED 16.12.2019 IN CRL.MC NO.1777/2019 BEFORE THE SESSIONS COURT, KOZHIKKODE DIVISION.

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