C.S. Sudha, J.:— This is an application under Section 438 Cr.P.C. for per-arrest bail filed by the petitioner, who is the 14 accused in Crime O.R.19/2021 of Ambanar Forest Station, Pathanapuram, Kollam. The petitioner is alleged to have committed the offences punishable under Sections 9, 27(1)(e)(iv), 39, and 51 of the Kerala Wild Lift 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.
4. Heard both sides.
5. The incident is alleged to have taken place on 6.8.2021. It appears that the investigation has progressed. Custodial interrogation does not appear to be necessary in this case. The petitioner also has no criminal antecedents. Hence pre-arrest bail can be granted. However, taking into account the nature of the offences alleged, stringent conditions are imposed.
6. In the result, the application is allowed subject to the following conditions:
(i) The petitioner in the event of his arrest in the aforesaid crime shall be released on bail on his executing a bond for a sum of Rs. 50,000/- (Rupees fifth thousand only) with two solvent sureties for the like sum each.
(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 5 p.m. till the final report is filed. He shall also appear before the Investigating Officer as and when required by the latter.
(iii) The petitioner shall co-operate with the investigation and he shall not intimidate or influence the witnesses in any manner or interfere with the investigation.
(iv) The petitioner shall not commit any offences while on bail.
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