IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 2852 of 2009() ---------------------------------------- O.R. NO.1/2009 OF VAZHACHAL FOREST RANGE. PETITIONER/ACCUSED NO.3 ------------------------------------------- JOSE,S/O.THOMAS,CHILLAYI HOUSE,KORMALA DESOM,KUTTICHIRA VILALGE,MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS/COMPLAINANT/STATE ------------------------------------------------------ 1. RANGE OFFICER,VAZHACHAL FOREST RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,COCHIN-682031. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI.M. S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2852 of 2009 ------------------------------------ Dated this the 18th day of June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the 3rd accused in O. R. No.1/2009 of Vazhachal Forest Range. 2. The offences alleged against the petitioner are under Sections 2(1), 2(16), 9, 50 and 51 of the Wild Life Protection Act and Section 27(1)(e) of the Kerala Forest Act. 3. I have gone through the case diary. The offence was committed in the year 2005. On suspicion, one Dasan was taken to custody. He disclosed that he along with the other accused had committed several offences from 2001 to 2005. It was admitted that in 2001 and 2003, they had killed elephants and taken the tusks. In 2003 also, similar offence was committed. The offences alleged in the present case were committed in the year 2005. The petitioner apprehends arrest on an accusation of having committed the aforesaid offence. 4. Taking into account the facts and circumstances of the case and the gravity of the offence, I do not think that B.A. No.2852 /2009 2 this is a fit case where anticipatory bail can be granted to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm