P. KOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the fifth accused in the case registered as Offence No.6/2019 of the Social Forestry Range, Malappuram under Rule 10 of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 (hereinafter referred to as 'the Rules') read with Section 51 of the Wild Life (Protection) Act, 1972.

(2.) On 01.09.2019, 'Gajapooja' and 'Anayoottu' were conducted in the Arangottu Siva Temple at Makkaraparamba in Malappuram District. Three elephants by name Sivakumar, Vijay and Podma participated in the aforesaid function. A case against the petitioner and the office-bearers of the temple committee has been registered for the above mentioned offence on the ground that no previous permission was obtained from the Forest Department with regard to parading of the elephants in the aforesaid function.

(3.) This petition is filed under Section 482 Cr.P.C by the fifth accused in the case, who is the owner of the elephant by name Podma, to quash the proceedings initiated against him on the basis of the case registered as Offence No.6/2019 (Annexure- A1).