Bail Application No.1785 of 2020 (O.R.No.1/2020 registered by Silent Valley National Park Range, Mannarkkad, Palakkad District)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942** ## **Bail Appl..No.1785 OF 2020** **[O.R. NO.1/2020 REGISTERED BY SILENT VALLEY NATIONAL PARK RANGE, MANNARKKAD, PALAKKAD DISTRICT.]** ## **PETITIONERS/ACCUSED NOS.2 & 3:** **1 BABU AGED 54 YEARS S/O.STEPHEN, THATHENGALAM, MANNARKKAD, PALAKKAD. 2 BASHEER, AGED 50 YEARS S/O.SULAIMAN, THATHENGALAM, MANNARKKAD, PALAKKAD.** **BY ADV. SRI.T.K.SANDEEP** ## **- RESPONDENT/COMPLAINANT STATE:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.** ## **BY SMT.SREEJA.V, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A. NO.1785 OF 2020 2 ## **O R D E R** **Dated this the 15th day of September 2020** ... **This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.** **2. The petitioners are 2[nd] and 3[rd] accused in O.R.No.1 of 2020 registered by Silent Valley National Park Range, Mannarkkad, Palakkad District. The above case is registered against the petitioners alleging offences punishable under Sections 2(15,16,21,22,24A,35,36 & 37), 9, 35(6), 35(8) and 51 of Wild Life Protection Act, 1972.** **3. The prosecution case is that, on 25.02.2020 during night, the petitioners and other accused were found catching fish using battery and wire at Kunnipuzha river near Pathrakadavu range. Hence, it is alleged that, the petitioners and other accused** B.A. NO.1785 OF 2020 3 ## **committed the said offence.** **4. Heard the learned counsel for the petitioners and the learned public prosecutor.** **5. The learned counsel for the petitioners submitted that, the petitioners have not committed any offence. The counsel submitted that, even if the entire allegations are accepted, no offence is made out. The counsel submitted that, the petitioners are ready to abide any conditions, if this Court is granting bail to the petitioners.** **6. The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that, the 1[st] accused is already arrested. The petitioners are implicated in this case based on the confession statement of the 1[st] accused. The public prosecutor submitted that, the custodial interrogation of the petitioners are necessary in this case.** **7. After hearing both sides, I think, this bail application can be allowed on stringent conditions. This bail application was filed on 4.3.2020. This** B.A. NO.1785 OF 2020 4 **Court passed an order restraining the arrest of the petitioners. Even now that order is in force. The allegation is that, the petitioners and the other accused were trying to catch fish from a river and hence committed the said offence. Admittedly, the petitioners were implicated in this case based on the confession statement of the 1[st] accused. I do not want to make any observation about the merit of this case. Considering the entire facts and circumstances of this case and also considering the fact that, there is already an interim order infavour of the petitioners, I think, this application can be allowed on stringent conditions.** **8. Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the Hon'ble Supreme Court in Re: Contagion of COVID19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates** B.A. NO.1785 OF 2020 5 **inside prisons.** **9. Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial.** **10. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:** **1. The petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;** **2. After interrogation, if the** **Investigating Officer proposes to** B.A. NO.1785 OF 2020 6 **arrest the petitioners, they shall be released on bail executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;** **3. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;** ## **4. The petitioners shall not** **leave India without permission of the Court;** B.A. NO.1785 OF 2020 7 **5. The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which** **they are suspected;** **6. The petitioners shall appear before the investigating officer on all Mondays' at 10 a.m. till the final report in O.R.No.1/2020 of Silent Valley National Park Range, Mannarkkad, Palakkad District is filed.** **7. The petitioners shall strictly abide by the various guidelines issued** **by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic;** **8. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the** B.A. NO.1785 OF 2020 8 **bail in accordance to law, even though the bail is granted by this Court.** **Sd/-** **pkk** **P.V.KUNHIKRISHNAN JUDGE**