High Court Kerala High Court

Mohanan vs The State Of Kerala on 5 February, 2008

Kerala High Court
Mohanan vs The State Of Kerala on 5 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 246 of 2008()


1. MOHANAN, POURNAMI NIVAS, PATTUVAM POST,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :05/02/2008

 O R D E R
                             R. BASANT, J.


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                       B.A. No. 246 OF 2008 A

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            Dated this the 5th day of February, 2008


                                O R D E R

Application for anticipatory bail. Petitioner is the 4th

accused in a crime registered under the Wild Life(Protection)

Act. Initially, three accused persons were arrayed as the

accused. The first accused is the brother of the petitioner

herein. The allegation against accused Nos.1 to 3 was that

they were illegally found to be in possession of snake venom

for the purpose of export, etc. Accused Nos.1 to 3 were

arrested and enlarged on bail later as per order of this Court.

Apprehending arrest, the petitioner has come to this Court

with this petition on 8.1.08. When the matter was came up for

hearing on 17.1.08, it was stated that the investigators have

not decided whether the petitioner need to be arrayed as an

accused. Interim directions were issued on 17.1.08. The

petitioner has accordingly appeared before the investigating

BA.246/08

: 2 :

officer and had made himself available for interrogation.

2. The learned counsel for the petitioner submits that

the first accused resides in the same house as he resides and

the alleged recovery of snakes from the said house cannot be

attributed to the petitioner. He has no culpable responsibility

for such animals. Such animals, if at all, must evidently have

been kept in the premises by the first accused. At any rate,

the petitioner may not be vexed and harassed by

unnecessary arrest and detention. All the animals have

already been taken away. A proper completion of the

investigation will reveal that the petitioner was not in

possession and was not rearing those animals. In these

circumstances, anticipatory bail may be granted to the

petitioner, it is prayed.

3. The learned Public Prosecutor does not oppose the

application. He prays that appropriate conditions may be

imposed in the interests of a proper and efficient investigation.

4. Having considered all the relevant inputs, I am

BA.246/08

: 3 :

persuaded to agree that the petitioner can be granted

anticipatory bail subject to appropriate terms and conditions.

5. In the result, this petition is allowed. Following

directions are issued under Section 438 Cr.P.C in favour of

the petitioner.

i) Petitioner shall surrender before the learned

Magistrate having jurisdiction at 11 a.m on 12.2.2008. He

shall be released on regular bail on condition that he executes

a bond for Rs.50,000/-(Rupees fifty thousand only) with two

solvent sureties each for the like sum to the satisfaction of the

learned Magistrate.

ii) The petitioner shall make himself available for

interrogation before the investigating officer between 10 a.m

and 1 p.m on 13.2.2008 and 14.2.2008. During this period,

the investigating officer shall be at liberty to interrogate the

petitioner in custody and take all necessary steps for the

proper conduct of the investigation in this crime. Thereafter,

he shall so appear on all Mondays and Fridays between 10

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a.m and 12 noon for a period of two months and subsequently

as and when directed by the investigating officer in writing to

do so.

(iii) If the petitioner does not appear before the learned

Magistrate as directed in clause (i), directions issued above

shall thereafter stand revoked and the police shall be at liberty

to arrest the petitioner and deal with him in accordance with

law, as if these directions were not issued at all.

(iv) If he were arrested prior to 12.2.2008, he shall be

released from custody on his executing a bond for

Rs.50,000/- (Rupees fifty thousand only) without any sureties,

undertaking to appear before the learned Magistrate on

12.2.2008.

(R.BASANT, JUDGE)

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