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IN THE COURT OF SESSION, MANJERI DIVISION

Present:- Sri. Suresh Kumar Paul, B.Sc., LL.B., Principal Sessions Judge
Thursday, the 4th day of April, 2019
CRIMINAL MISCELLANEOUS CASE No.388/2019
(in OR 04/2019 of Social Forestry Malappuram Range)

Between:-
1. Janardhanan, S/o.Late Madhavan Nair, Petitioners/
Vadakkepattu (H), Kololambu, A1 to 3
Malappuram Dist.
2. Parameswaran, S/o.Late Ayyappan,
Asaripurakkal (H), Kololambu, Malappuram Dt.
3. Kunjumon, Kallingal @ Rajan, S/o.Achuthan,
Kallungal (H), Kolalambu, Malappuram Dt.
And:-
State of Kerala : represented by the Respondent
Range Forest Oficer, Social Forest Range
Malappuram.

This petition coming on this day for hearing before me

in the presence of Sri.M Rajesh, advocate for the petitioners and of

the Public Prosecutor for the respondent, the court passed the

following.

ORDER

This is an application fled by the petitioners/A1 to A3 under


Section 438 of Cr.P.C. for anticipatory bail.
2. This is a case registered by the Social Forestry, Malappuram
Range in O.R. No.4/2019 for the ofence punishable under Section 64
of Wild Life Protection Act and Section 10 of Kerala Captive
Elephant (Management and Maintenance) Rules 2012.
3. The prosecution case is that on 23.3.2019 two elephants
were paraded in connection with the pooram festival of Kolalambu
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Vadasseri Sri.Ayyappa Temple at Kolalambu without the permission


of the Forest Department or District Minority Community. It is
further alleged that the public at large attended the pooram did
not allow the forest oficials to arrest the ofice bearers of the
pooram committee.
4. Heard the learned Public Prosecutor and the counsel for
the petitioners/A1 to A3. Perused the report and case diary.
5. The point arose for consideration is whether the
petitioners/A1 to A3 are entitled for an order of anticipatory
bail?
6 The Point:- The report of the Investigating Oficer
received objecting the bail. The learned Public Prosecutor also
opposed the bail. It is contended by the petitioner that actually the
petitioners thought that all the necessary documents from the
Forest Department were obtained by the owners of the elephants.
They have no personal interest in conducting this pooram except
the interest of the people in the locality. The petitioners produced
the relevant documents including the insurance of the elephants.
7. It is contended by the petitioners that the ofence alleged
did not fall u/S.51 of Wile Life Protection Act. So as per the
allegations of the prosecution it is clear that the act of the
petitioners do not constitute an ofence u/S.51 of Wild Life
Protection Act. The investigation of the case is almost over and
no criminal antecedents are reported against the petitioners.
Hence I am of the opinion that the petitioners/A1 to A3 can be
granted an order of anticipatory bail. Point is answered
accordingly.
In the result, the petition is allowed on the following
conditions.
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1. In the event of the arrest of the petitioners/A1 to A3,


they shall be released on bail of their executing bond
for a sum of Rs.25,000/- each with two solvent sureties
each for the like sum to the satisfaction of the
Investigating Oficer.

2. The petitioners shall co-operate with the investigation


and shall not tamper with evidence.

3. The petitioners shall make themselves available for


interrogation by the investigating oficer as and when
required.

4. The petitioners 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 oficer;

5. The petitioners shall not leave India without the


previous permission of the court.

6. Violation of condition Nos.2 to 5 above, is a reason for


cancellation of bail by this court suo-motu or on the
application of the prosecution, as the case may be.
Dictated to the Confdential Assistant, transcribed by her, corrected
by me and pronounced in open court on this the 4 th day of April, 2019.

(Sd/-)
Sessions Judge.

Typed by :Pradeep
Compared by:1. Sindhu
2 .Pradeep
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Fair/Copy Order in Crl.M.C.No.388/2019


Date:-04.04.2019
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