IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 3677 of 2011() ------------------------- CC.386/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER(S)/ACCUSED NO.2 :- ------------------------------------------------ M.P.KUBERAN NAMBOODIRI, S/O.LATE HARIDASAN NAMBOODIRI, AGED 40 YEARS, ADVOCATE, MUNDOT ILLAM, CHAVANAPPUZHA, KARIMBAM P.O., TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S)/STATE :- ------------------------------------- STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH FOREST RANGE OFFICE, TALIPARAMBA, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 3677 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Copy of the charge sheet in C.C.No.386/2011 on the file of J.F.C.M. Court, Taliparamba. Annexure A2 :- Copy of the scheme framed by Sub Court, Payyannur in O.P.No.60/1987. Annexure A3 :- Copy of the certificate issued by Senior Veterinary Surgeon dated 6.11.2008. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3677 of 2011 ----------------------------------- Dated this the 8th day of December 2011 O R D E R 2nd accused in C.C.No.386/2011 on the file of J.F.C.M. Court, Taliparamba is the petitioner. He was the Executive Officer of Sree Raja Rajeswara Temple. One elephant by name Ganapathy was donated to the Temple by the then Chief Minister of Karnataka. That donation was on 5.11.2008. On the very same day, the Forest Range Officer, Taliparamba was stated to have inspected the temple premises presumably based on a complaint given by a private party and reported that sufficient 'place of occupation' was not made available for the said elephant. Rule 4 of the Kerala Captive Elephants (Management and Maintenance) Rules, 2008 requires the owner to provide a stable (tethering place) in a clean and healthy environment with sufficient shade to keep elephants during its rest Crl.M.C. No.3677 of 2011 -: 2 :- period. The place/floor area required for each elephant was also specified therein. It is important to note that the elephant was donated only on 5.11.2008. 2. The learned counsel for the petitioner is perfectly justified in his submission that the Executive Officer of the Temple cannot anticipate that an elephant was going to be donated to the temple. In the usual course, it is not possible to reject a donation unless there are other compelling reasons. It is not a case where after the elephant was received by the temple authorities, the elephant was kept in an unhealthy condition offending the rules mentioned above. The learned counsel has also shown Annexure A3, the report of the Senior Veterinary Surgeon for having examined this elephant on 6.11.2008 itself. This has been produced to show that the temple authorities have acted diligently with regard to the health condition of the elephant, to see that the elephant does not have any contagious or other deceases. It is seen that not even a Crl.M.C. No.3677 of 2011 -: 3 :- breathing time was given to the Executive Officer to apprise the Forest Range Officer as to the place where the elephant was to be tethered. There is no case for the Forest Range Officer that subsequent to 5.11.2008, he had inspected the premises or that there was non-compliance of the rules. It is not known why the Forest Range Officer registered the case with in hours of the time of donation of the elephant. Principle of reasonableness was not adhered to. 3. From an overall consideration of the facts and circumstances, I find that the prosecution case against this accused cannot be sustained. Hence, C.C.No.386/2011 on the file of J.F.C.M. Court, Taliparamba, so far it relates to this petitioner (2nd accused) will stand quashed. This Crl.M.C. is allowed accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt