TONY RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the 03rd accused in OR.No.18/2013 of Palode Forest Range challenging the order passed by the learned magistrate in Crl.M.P.No.3533/2014 under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner has been arrayed as third accused in OR.No.18/2013 of Palode Forest Range alleging commission of the offences along with others punishable under Sections 2(12), 2(16)(b), 2(16)(d), 2(36), 9, 39, 31(1)(d), 42 and 22 of Wild Life Protection Act. The allegation was that the accused persons were found to be in possession of 'Iruthalamoori Snake' which was included in Schedule IV, for the purpose of sale. The petitioner was having visa issued by United States of America and he wanted to visit United States of America for business purpose. So, he filed seeking release of his passport surrendered in obedience of the condition imposed as per Annexure A while granting bail. But, the learned magistrate dismissed the application by Annexure C order which is under challenge by the petitioner by filing this petition.

(3.) THE Counsel for the petitioner submitted that he does not want to go abroad permanently. He wanted only to go for a temporary period and the investigation has not been completed and final report has not been filed in the case so far. If he is indefinitely prevented from going abroad, he will be put to serious hardship. The lower court has not considered the relevant aspects in this matter but simply dismissed the application without application of mind.