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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.