Gopinath P, J
1. Petitioners are the accused in Crime No.47/2022 of Cherpulassery Police Station alleging commission of offences under Sections 7, 25(3), 27 of the
Arms Act.
2. The allegation against the petitioners is that, petitioners were found with unlicensed weapons while engaging in hunting of wild animals in a reserve
forest. It is alleged that the petitioners have hunted a porcupine, on the basis on which an Occurrence Report (O.R) alleging commission of offences
under Wild Life Protection Act was registered against them. In respect of the possession of unlicensed weapons, on the basis of the information given
by the forest officials, the aforesaid crime was registered against the petitioners.
3. Learned counsel for the petitioners would submit that the petitioners have been in custody in the above crime from 31.01.2022. It is submitted that
actually the petitioners have been in custody from 23.01.2022 as their arrest was recorded earlier in the O.R. alleging commission of offences under
the Wild Life Protection Act. It is submitted that the petitioners are absolutely innocent in the matter and they have been wrongly implicated. It is
submitted that the petitioners have no criminal antecedents.
4. Learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that wild life offences are increasing day by day and though the
present case relates to offences under the Arms act, the fact that the petitioners were engaged in hunting of wild life in a reserve forest cannot lost
sight of, is the submission of the learned Public Prosecutor.
5. Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody for 38 days in total and
considering the fact that their continued detention is not necessary for the purpose of any investigation, I am inclined to allow this application.
6. In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-
(i) Petitioners shall execute separate bonds for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of
the jurisdictional Court;
(ii) Petitioners shall appear before the investigating officer in Crime No.47/2022 of Cherpulassery Police Station every Saturday at 11.00 AM until further orders;
(iii) Petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.47/2022 of Cherpulassery Police Station;
(iv) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.47/2022 of Cherpulassery Police Station may file an application
before the jurisdictional Court for cancellation of bail.
The Forest Range Officer, Ottappalam shall ensure that the investigation into O.R. No.2/2022 of Ottappalam Forest Range is completed within the
shortest possible time and a final report filed in the matter. Similarly, the District Police Chief, Palakkad shall ensure that a proper investigation into
Crime No.47/2022 is completed without any delay and a final report is filed as early as possible. Registry shall communicate a copy of this order to the
Forest Range Officer, Ottappalam and also to the District Police Chief, Palakkad for compliance.
