MARTIN JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is the 2nd accused in O.R. No.1 of 2018 of Peruvannamuzhi Forest Range Office. He along with the 1st accused are accused of committing offence punishable under Sections 2(16), 2(20), 9, 39, 51 and 57 of the Wildlife (Protection) Act, 1972.

(3.) On 31.12.2017, acting on a tip off, the forest officials of Peruvannamuzhi Range conducted a search in the residential home of the 1st accused and 13 kilograms of meat of a wild animal kept inside his house was seized. The petitioner is the younger brother of the 1st accused and he was also allegedly present in the house, from where the meat was detected. In addition to the petitioner as well as the 1st accused, wife of the 1st accused and mother were also present. It is further alleged that the accused Nos.1 and 2 entered the house on a pretext of changing their clothes and thereafter managed to make good their escape.