IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3665 of 2009 O.R.NO.3 OF 2009 OF KULATHUPUZHA FOREST RANGE APPLICANTS: ACCUSED NOS.4 AND 5: ------------------------------ 1. RAJAN @ PUNCHIRI RAJAN, AGED 47 YEARS S/O.KRISHNA PANICKER PUNCHIRI BHAVAN, MUTTATHARA, THIRUVANANTHAPURAM. 2. WILLIAM SILVA, AGED 51 YEARS S/O. CARLOSE, DREAM LAND, MANAVA NAGAR, PALKULANGARA, PETTA VILLAGE,THIRUVANANTHAPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE FOREST RANGE OFFICER KULATHUPUZHA RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3665 OF 2009 A ------------------------------------------------------ Dated this the 7th July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in O.R.No.3 of 2009 of Kulathupuzha Forest Range. 2. The offences alleged against the petitioners are under Sections 9 and 39 of the Wild Life Protection Act and Section 27(1)(e)(iv) of the Kerala Forest Act. 3. The prosecution case is that from the reserve forest a tusker was shot dead by some of the accused persons. The tusks were sold by them to the fourth accused, who sold it to the fifth accused. The petitioners were arrested on 12.6.2009 and they are in judicial custody. 4. There are nine accused persons involved in the case. Only accused Nos.1 to 6 were arrested. The other accused are yet to be arrested. The gun with which the tusker was shot dead was not recovered. B.A. NO. 3665 OF 2009 :: 2 :: 5. Learned Public Prosecutor submitted that if the petitioners are released on bail at present, it would affect the proper investigation of the case and recovery of the weapon of offence. Learned Public Prosecutor also submitted that the petitioners have longstanding links with the other accused and if the petitioners are released on bail, it would cause serious prejudice to the proper conduct of the investigation. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offences and the submissions made by the learned Public Prosecutor, I am not inclined to grant bail to the petitioners at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/