SHAWKKATH ALI M.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in connection with O.R. No. 1 of 2021 of Tholpetty Forest Range, Wayanad registered for the offences punishable under Sections 27(1)(e)(iv) of the Kerala Forest Act, 1961 and Sections 9, 39 and 51 of the Kerala Wild Life Protection Act, 1972, these petitioners have moved this application under Section 438 of the Code of Criminal Procedure.

(2.) The brief facts required for disposal of this application are as follows: On 11.07.2021 at about 11 p.m., the petitioners, one Moidu and the other accused have trespassed into Tholpetty Wildlife Sanctuary in Tholpetty Range and hunted an Indian Bison by using a fire arm, for the purpose of conducting meat trading for money and thus committed the aforesaid offences. Moidu, who was arrested, on interrogation disclosed the names of the other accused persons involved in the alleged crime. Thus, the case has been registered against all of them.

(3.) The learned counsel for the petitioners would submit that they were falsely implicated in the case by the forest officials though they are fully aware of the fact that they have absolutely no role in the alleged crime. Though they are totally innocent and were not present at the place of occurrence and no arms were recovered from them, they were implicated in the case and so they apprehend unnecessary arrest and incarceration. Therefore, the indulgence of this court is sought for to avoid unnecessary arrest and trauma in connection with the unnecessary detention.