Paramasivam And Others vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 29.11.2022 for the alleged offence under Sections I(2)(16), III(9), VI(50)(51) of Wild Animals Protection Act in WLOR No.2 of 2022 on the file of the respondent police, seek bail.

The case of the prosecution is that on 29.11.2022, while the defacto complainant/forest officer on a routine vehicle checkup and visit, he said to have found that the petitioners are in possession of two monitor lizard, out of which, one was found dead. Hence, the complaint.

The learned counsel for the petitioners submitted that they are agricultural coolies and they are innocent persons. He would submit that they have not at all committed any offence as alleged by the respondent police and they are no way connected with the offence. He would submit that they have been falsely implicated in this case for statistical purpose. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 21 days from 29.11.2022. Hence, he prayed to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that while the respondent was on routine checkup they found the petitioners were in possession of two monitor lizard and out of which one was dead. He would submit that there is no previous case pending against the petitioner and the investigation is almost completed. He would also submit that if they are released on bail, they will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioners.

Considering the fact that the investigation is almost completed, and considering the period of incarceration undergone by the petitioners, and no previous case pending against the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on executing his separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court-II, Attur, 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 petitioners shall appear before the respondent police on every Saturday at 10.30 a.m. for the period of six weeks.

(c) the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the 2nd petitioner shall not abscond 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 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.