THAYOOB T.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Cr.P.C., 1973

(2.) The petitioner hererin is the 11th accused in O.R. No.4/2017 of the Akampadam Forest Station, registered under Sections 27 (1)(e)(iv) of Forest Act, 1993 and under Sections 2(1) (16), 9, 39 (10)(d), and 51 of the Wild Life Protection Act and Sections 3 and 25 (1B) (a) of the Arms Act.

(3.) According to the prosecution, secret information was received by the officers of the Edavanna Forest Range on 10.11.2017 that meat of deer was kept in the house of the 1st accused. A search was conducted and some meat as well as an unlicensed gun was seized. He disclosed about the involvement of the 2nd accused. Accordingly, his house was also searched and some meat and a gun were seized. Later, the house of the 3rd accused was raided and the forest officers were able to recover some meat. On interrogation, accused Nos.1 to 3 is alleged to have confessed that they had entered into the forest along with accused Nos.4 to 8 and the 9th accused had dropped them in the forest area in his vehicle. It was further disclosed that the 10th accused had supplied the ammunition which was used for commission of the offence. On the basis of the said disclosure, the aforesaid crime was registered. On 28.11.2017, the accused Nos. 4 to 10 surrendered before the Investigating Officer. The 10th accused disclosed that as suggested by the 1st accused, he had approached the petitioner herein and had secured some bullets from his possession. On the basis of the said statement given by the 10th accused, the petitioner was roped in as the 11th accused.