Ezhumalai vs State

G.K.Ilanthiraiyan, J

The petitioner, who was arrested and remanded to judicial custody on 12.04.2023 for the offence punishable under Sections 9, 39(1)(b)(d), 50(1)(a)(c), 51(1) of Wild Life Act, 1972 and Sec.25-1(1A) of Arms Act, 1959, in WLOR No.02 of 2023 on the file of the respondent police, seeks bail.

The case of the prosecution is that while the defacto complainant, who is the Forest Ranger, Thirupathur Ranger Officer, on patrol duty, on 12.04.2023 received some secret information and on search at the petitioner's house, they found he was in illegal possession of the deer antlers and also country gun, Explosive drugs and knives and seized the same and produced the same before the respondent. Hence, the present complaint was lodged against the petitioner.

The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks for grant of bail to the petitioner.

The learned Additional Public Prosecutor would submit that on the date of occurrence, while the defacto complainant was on patrol duty, they received a secret information and on search of the petitioner's house, they found that he was in illegal possession of the deer antlers and also country gun, explosive drugs and knives and they seized the same. He would submit that there is no previous case pending against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

It is seen that there are totally two accused, in which the petitioner is arrayed as A1. When the defacto complainant was on patrol duty on 12.04.2023, they received a secret information that the petitioner was in illegal possession of deer antlers and country gun, explosive drugs and knives and on search of his house, they seized the same. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Thirupathur and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation (OR) until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.