Sadik E.M, vs State Of Kerala

K.Haripal, J

The petitioner is the 4th accused in O.R.No.3/2021 of Mayannur Forest Station, Thrissur District.

The allegations against him are under sections 27(1) (e)(iv) of the Kerala Forest Act, Section 2(16)(b), 2(35), 9 read with 51 of the Wild Life

(Protection) Act 1972. The alleged incident had happened on 31.5.2021. The allegation is that, the petitioner, the 4th accused along with three others

had illegally encroached forest area and they were found engaged in poaching wild animals. The petitioner was arrested on 17.6.2021 and since then

is in judicial custody.

The learned counsel appearing for the petitioner submits that the application moved by the other accused persons for their release under Section

439 of the Cr.P.C are pending before the Sessions Court.

The learned Public Prosecutor submits that he has no criminal antecedents and the recoveries have been effected.

In the circumstances, his continued detention cannot be insisted upon and he shall be released on bail.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court;

ii) Petitioner shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without permission of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) Petitioner shall appear before the Investigating Officer/committal Court/trial Court as and when required;

vi) Petitioner shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid

19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.