AI Structured Summary
Not yet generated for this judgment
Judgment
Bail is sought under Sec.438 of Cr.P.C . Petitioners are accused 3 and 4 in OR No.6/2017 of Karikulam forest station, Pathanamthitta district. The offence alleged against them is one punishable under Sec.51 of the Wild Life Protection Act,
1972.
The prosecution case goes as follows: The forest officials received an information that accused 1 to 4 caught a wild boar inside the property of one Samuel. They beat it with sticks and hit it with stones. They took it in an auto rickshaw.
Heard the learned counsel for the petitioners and the learned public prosecutor.
The allegations against the petitioners, if true, are serious. They contend that they are innocent. It is also contended that they have been implicated only on the basis of a confession made by accused 1 and 2. Those accused persons have been arrested and they are on bail now.
Custodial interrogation in a case of this nature does not appear to be absolutely necessary. Therefore and since accused 1 and 2 are on bail, bail under Sec.438 of Cr.P.C can be granted to the petitioners.
The application is allowed. If arrested in connection with OR No.6/2017 of Karikulam forest station, Pathanamthitta district, the petitioners shall be released on bail after interrogation on their executing bonds for Rs.30,000/-(thirty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. The petitioners shall co-operate with investigation. They shall report to the investigating officer between 10.00 a.m and 11.00 a.m on every Monday for a period of three months or till the termination of the investigation, whichever is earlier. The petitioners shall refrain from intimidating or attempting to influence witnesses; nor shall they destroy or tamper with evidence. The court concerned is hereby empowered to cancel the bail in accordance with law if any of the above conditions is violated. If the petitioners directly surrender before the court concerned, this order shall have no effect and the court concerned will pass appropriate orders in accordance with law as if this order has not been passed.