SHIBU THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. for per-arrest bail filed by the petitioner, who is the 14th accused in Crime O.R.19/2021 of Ambanar Forest Station, Pathanapuram, Kollam. The petitioner is alleged to have committed the offences punishable under Ss. 9, 27(1)(e)(iv), 39, and 51 of the Kerala Wild Life Protection Act, 1972.

(2.) There 15 accused in this crime. The prosecution case is that on 6.8.2021, A1 to A3 unlawfully tress-passed into the Achankovil reserve forest and killed a bison, a protected animal under the Kerala Wild Life Protection Act, 1972, using a country gun. The other accused are alleged to have purchased the meat of the bison from A1 to A3. Hence, 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 questioning of the accused is required as he had purchased large quantities of the meat from A1 to A3 and is also engaged in the sale of the same. It is submitted by the learned counsel for the petitioner that the petitioner/A14 has been arrayed on the basis of a confession statement alleged to have been given by the co-accused, in which there is no such allegation as referred to by the learned Public Prosecutor.