IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Bail Appl..No. 29 of 2010 CRIME NO.189 OF 2009 OF CHITTARIKKAL POLICE STATION, KASARAGOD PETITIONER/ACCUSED NO.4 ------------------------------------------- PATTATHIL CHANDRAN, AGED 62 YEARS, S/O. KELU NAIR, RESIDING AT KAMBALLUR, CHITTARIKKAL VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.189 OF 2009 OF CHITTARIKKAL POLICE STATION), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 29 OF 2010 ------------------------------------------------------ Dated this the 3rd day of February, 2010 O R D E R When the Bail Application came up for hearing on 21.1.2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.189/2009 of Chittarikkal Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 2,9,39,48(a), 49, 50,51 and 57 of the Wild Life Protection Act. The learned Public Prosecutor submitted that the Chittarikkal Police had transferred the case to the Forest Range, Kanhangad and the case was registered as O.R. No.23/2009. 3. The prosecution case is that on 25/12/2009, the accused persons were found in possession of a 'Barn Owl'. On seeing the police, accused Nos. 4 and 5 ran away. Accused Nos. 1 to 3 were arrested. From the Case Diary, it is seen that accused No.1 gave a statement to the Forest Officials, wherein, he stated as B.A. NO. 29 OF 2010 :: 2 :: follows: He is working as an Educationist in Mumbai. After he came to his native place, he went to the house of his relative, namely, Ranjith. In that house, he saw a 'Barn Owl' being attacked by crows and the 'Barn Owl' was found injured. He rescued the 'Barn Owl' and put the same in a cardboard box. Later, he took the Barn Owl in a Wagon R Car. When he saw his friends, he stopped the car and had shown the 'Barn Owl' to his friends. At that time, the Sub Inspector of Police, Chittarikkal Police Station came to the spot. Some of the persons ran away. Accused Nos. 1 to 3 were arrested. 4. Taking into account the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 27th and 28th January, 2010. Post on 03/02/2010. 5. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 189 of 2009 of Chittarikkal Police Station, Kasaragod. B.A. NO. 29 OF 2010 :: 3 :: The petitioner shall produce copy of this order before the investigating officer.” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 21.1.2010 has been complied with by the petitioner. 3. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 21.1.2010 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A. NO. 29 OF 2010 :: 4 :: c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/