LAWS(KER)-2018-11-51

JIJI CHACKO Vs. STATE OF KERALA

Decided On November 05, 2018
Jiji Chacko Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is the second application for anticipatory bail filed by the petitioner under Section 438 Cr.P.C.

(2.) The petitioner is the third accused in the case registered as O.R.No.7/2017 of the Peruvannamoozhy Forest Range under Sections 9, 31, 39, 42 and 51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Act').

(3.) The prosecution case is as follows: On the early morning of 14.11.2017, the Section Forest Officer, Kakkayam Section of the Peruvannamoozhy Forest Range, obtained reliable information that the first accused and some other persons had hunted wild animals and they would be bringing the meat of the animals to the house of the first accused. The forest officials led by the Section Forest Officer reached near the house of the first accused and hid near the compound wall facing the car porch of the house. At about 04.30 hours, the first accused came to the car porch in his car and the forest officials surrounded the car and obtained the key of the car from him. When they inspected the trunk of the car, they found the meat of wild animal and also knives in it. The forest officials tried to arrest the first accused. At that time, the second and the third accused, who were accompanying the car of the first accused on a motorcycle, reached there. They attacked the forest officials with weapons. The forest officials had to withdraw from the place and during that time, the accused left the place. After sometime, with the assistance of police, the forest officers seized the meat and the knives from the car. On conducting search of the house, various animal articles including head and horns of Indian Gaur, Sambar deer and Barking deer were seized from the house. It is alleged that the accused have hunted wild animals and kept the meat in the house of the first accused.