Prima Facie False Implication Of Tribal Youth In Wildlife Offence: Kerala High Court Refuses Anticipatory Bail To Accused Forest Officers

The Kerala High Court recently dismissed the appeal preferred by certain forest officers against the refusal of anticipatory bail in a case pertaining to false implication and torture of a tribal youth in connection with an alleged wildlife offence.

Justice V.G. Arun passed the order on finding prima facie materials to attract the offence under Section 3(p) (Punishment for instituting false, malicious or vexatious suit or criminal or other legal proceedings against a member of SC/ST) of the SC/ST (Prevention of Atrocities) Act, 1989.

The youth was arrested in September 2022 after the appellant-officials allegedly recovered wild animal meat during inspection of his autorickshaw at a checkpost in Idukki Wildlife Sanctuary. He was booked under the Wild Life Protection Act and the Kerala Forest Act and was remanded to judicial custody, and eventually released on bail. The incident came to limelight when tribal leaders and political parties started agitations, alleging that the youth was falsely implicated and tortured by the forest officials.

A crime was then registered against the forest officials, much after his release on bail.

The Special Court dismissed their anticipatory bail pleas on finding that the investigating agency is proceeding with the investigation, having a prima facie case for offences alleged. It is challenging the same that the present appeal was filed. 

Appellants 1 to 3 are Forest Officers and Senior Grade Driver at the Idukki Wildlife Sanctuary. Appellants 4 to 8 are Forest Watchers. 

Appellants argued that they were implicated due to pressure from tribal and political leaders, and the intention was merely to absolve the youth from the alleged crime. It was submitted that the falsity of the allegation that the youth was assaulted was evident from the fact that no injury was noted on his body in the medical certificate that was issued on the same day of his arrest. It was added that the youth had also not raised any complaint of having been assaulted, when he was produced before the jurisdictional Magistrate.

It was further argued that appellants had registered Occurrence Report as part of their official duty and were thus entitled for protection under Section 197 of Cr.P.C and the Forest and Wild Life Protection Acts.

On behalf of the youth, arrayed as 2nd respondent, it was argued that the present case was an example of the inhuman treatment meted out to members of Scheduled Tribe communities. It was averred that there was discrepancy regarding the place, time and manner in which he was apprehended, the meat recovered and the crime registered. He submitted that the allegation regarding false implication was proved by the report filed by the Wild Life Warden, Idukki stating that the crime was registered due to a mistake of fact, since the meat seized from his possession turned out to be cattle meat, which was subsequently accepted by the jurisdictional court, and the case was thereby closed. 

The Public Prosecutor on his part, opposed the anticipatory bail plea for the dubious manner in which the 2nd respondent was trapped and the heinous manner in which he was abused and assaulted after arrest.

Findings of the Court 

Regarding Assault of 2nd Respondent After Arrest

The Court found the allegation regarding the assault of the 2nd respondent pursuant to his arrest difficult to believe since there was no mention regarding any external injuries on his body in the medical certificate that was issued within a few hours of his arrest. 

 It also noted that when the 2nd respondent was produced before the Magistrate, he made no complaint about any physical torture or abuse, and that no injury was noted in the medical examination conducted thereafter, as well. 

"Having found the complaint regarding physical assault to be without substance, the allegation that the second respondent was abused by caste name, cannot be accepted as such," the Court added. 

Regarding Institution of False Criminal Proceedings

The Court took note of the registration of the crime by the police, and the reports of the Senior Officers in the Forest Department. It was noted that much before the registration of the crime, the Divisional Forest Officer had reported the discrepancies with respect to the place, time of recovery and arrest of the 2nd respondent. It was further noted that the articles recovered from the 2nd respondent were not included in the property list filed in the Magistrate Court.

"As such, there are prima facie materials to attract the offence under Section 3(p) (Punishment for instituting false, malicious or vexatious suit or criminal or other legal proceedings against a member of SC/ST) against appellants 1 to 4, since they were directly involved in the seizure, arrest and registration of crime," the Court observed. 

It was of the staunch opinion that the then Assistant Wild Life Warden, who had a role in registration of the crime and the initial formalities, was also liable to be investigated. 

"The materials on record indicate that the other accused were roped in for carrying out their formal duties, pursuant to registration of the crime. The materials now available do not make out the offence under Section 3(p) against them," the Court further observed. It noted that since the appellants 4, 5 and 8 belonged to the Scheduled Caste community, thy could not be prosecuted under the SC/ST (Prevention of Atrocities) Act, 1989. 

It thus dismissed the appeals of Appellants 1 to 3. The Court directed the Appellants 4 to 8 to surrender before the investigating officer within two weeks and added that in the event of their arrest, they shall be released on bail on executing bonds for Rs.50,000/- each with two solvent sureties for the like amount.

Case Title: V. Anilkumar & Ors. v. State of Kerala & Anr. 

Citation: 2023 LiveLaw (Ker) 308 

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