Maneesh Nadh vs State Of Kerala

V.G.Arun, J

The petitioner is the third accused in O.R.No.4 of 2020 of Social Forest Range, Kollam. The crime was registered alleging violation of the provision of the Kerala Captive Elephant (Management and Maintenance) Rules 2012 and the Wild Life (Protection) Act, 1972. The specific allegation against petitioner is that, he purchased an elephant without following the prescribed procedure.

The petitioner is employed abroad, as evidenced by Ext.P1. He wants to surrender before the jurisdictional court but, is apprehensive that the court may compel him to surrender the passport as a condition for granting bail. The petitioner is therefore seeking a direction to the jurisdictional court to consider his bail application on the date of surrender, without insisting on the surrender of his passport. The other prayer is to consider petitioner’s request for exemption from personal appearance in the light of Ext.P5 judgment rendered by this Court.

I heard the learned Counsel for the petitioner and the learned Public Prosecutor.

Learned Counsel for the petitioner submitted that, considering the nature of allegations and the fact that the petitioner is employed abroad, learned Magistrate may be directed to grant bail without insisting on surrender of the petitioner’s passport and to consider petitioner’s request for personal exemption in the light of Ext.P5 judgment rendered under similar circumstances.

Learned Special Government Pleader submitted that, if the Magistrate is being directed to not insist on surrender of petitioner’s passport, liability ought to be granted to impose conditions for ensuring the petitioner’s presence whenever required.

The Original Petition is accordingly disposed of by permitting the petitioner to submit bail application along with application seeking exemption from personal appearance before the Judicial First Class Magistrate Court – II, (Forest Offence), Punalur. If the applications are filed, with advanced notice to the Public Prosecutor, orders thereon shall be passed forthwith. The learned Magistrate shall not insist on the surrender of petitioner’s passport as a condition for granting bail, but can, in the alternative, impose necessary conditions for ensuring petitioner’s presence. The Magistrate shall also pass an order in the application seeking his exemption from personal appearance, after adverting to the decision in Moosa Pattupara v. State of Kerala (2022 (2) KLT 207)