G. BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. for per-arrest bail filed by the petitioner/A10 in O.R. No.17/2021 of Ambanar Forest Station, Pathanapuram Range, Kollam. The petitioner is alleged to have committed the offences punishable under Ss. 27(1)(e)(iv) of Kerala Forest Act, 1961, read with Ss. 2(l), 2(11), 2(16), 2(20), 2(33), 2(36), 9, 39, 50, 51 and 57 of the Kerala Wild Life Protection Act, 1972.

(2.) The prosecution case is that on 06.08.2021 the forest officials arrested accused Nos.1 to 3 as they were found in suspicious circumstances in the reserve forest of Ambanar Forest Range. On questioning them, it was revealed that they along with A4 to A6 had hunted a Sambar deer in July 2021 by using a country gun. On further questioning, it was revealed that the remaining accused 7 to 15 had purchased meat from these accused. It is also the prosecution case that the gun for hunting the animal was provided by A13 and A14. Hence the accused are alleged to have committed the offences punishable under the above mentioned sections.

(3.) The application is opposed by the learned Public Prosecutor on the ground that the investigation is still in progress and that petitioner/A13 is engaged in large scale sale of meat of wild animal hunted illegally.