Manikandan M. @ Satheesh and Narayanan v. State of Kerala

1 Bail Application No. 59 of 2024 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 BAIL APPL. NO. 59 OF 2024 ``` ``` CRIME NO.8/2023 OF Nelliampathy Forest Range Office, ``` ## **`Palakkad`** ## **`PETITIONER/S:`** ``` 1MANIKANDAN.M @SATHEESH, AGED 40 YEARS S/O.MANI, AYYAPPANPARA, THEVARMANI, NEMMARA.P.O, PALAKKAD, PIN - 678508 2NARAYANAN, AGED 62 YEARS S/O.THAYAN, 457, AYYAPPANPARA, THEVARMANI,NEMMARA.P.O, PALAKKAD, PIN - 678508 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI.C.S HRITHWIK, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Bail Application No. 59 of 2024 ## **C.S.DIAS,J** **======================** **Bail Application No. 59 of 2024** **-----------------------------------** ## **Dated this the 24[th] day of January, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 and 2 in OR No.8/2023 of the Nelliampathy Forest Range Office, Palakkad, registered against them, for allegedly committing the offences punishable under Secs.9, 39(1), 49B, 50, 51 read with Sec.2 of the Wild Life Protection Act. The petitioners were arrested on 17.12.2023. 2. The gist of the prosecution case is that: On 15.12.2023 the section staff of the Pothundy section received reliable information that a sambar deer was 3 Bail Application No. 59 of 2024 hunted. Accordingly, when they reached near a canal adjacent to Ayyappanpara temple within the limits of the Nenmara division of Nelliampathy Range, they found a dead sambar deer, its meat was removed and its remnants were buried. Thus, the accused have committed the above offences. 3. Heard; Sri.V.A Johnson, the learned counsel appearing for the petitioners and Sri.C.S Hrithwik, the learned Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. There is absolutely no material to show that the petitioners have killed the wild animal. Nonetheless, the 4 Bail Application No. 59 of 2024 petitioners have been in judicial custody since 17.12.2023, which is more than a month. The investigation in the case is practically complete and recovery has been effected. Therefore, the petitioners’ further detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. He contended that there is substantial material to show that the petitioners have committed the above offences. The investigation is in progress. If the petitioners are let off on bail, there is every likelihood of them tampering with the evidence. Hence, the application may be dismissed. 6. After bestowing my anxious consideration to the materials placed on record, particularly taking note of the 5 Bail Application No. 59 of 2024 fact that the petitioners are in judicial custody since 17.12.2023, that the recovery has been effected, the investigation is practically complete and the petitioners have no criminal antecedents, I am of the view that the petitioners’ continued detention is unnecessary. Hence, I am inclined to allow the bail application subject to stringent conditions. In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: 6 Bail Application No. 59 of 2024 (i) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. They shall also appear before the Investigating Officer as and when required; (ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioners shall not commit any offence while they are on bail; (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the 7 Bail Application No. 59 of 2024 bond. If they have no passports, they shall file affidavits to the effect before the court below on the date of execution of the bond; (v) The petitioners shall furnish their present address and permanent address, and their mobile phone number to the court below and the Investigating Officer; (vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. 8 Bail Application No. 59 of 2024 (viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** **[2020 (1) KHC 663].** sd/- sks/24.1.2024 **C.S.DIAS, JUDGE** 9 Bail Application No. 59 of 2024 ## **`APPENDIX OF BAIL APPL. 59/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure 1TRUE COPY OF THE ORDER DATED 01.01.2024 IN CRL.M.P.NO.5246/2023 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-I, ALATHUR ```