IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 4015 of 2009() ----------------------------- O.R.NO.3/2009 OF KULATHUPUZHA FOREST RANGE APPLICANTS/ACCUSED NO.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.CARIOSE,DREAM LAND,MANAVA NAGAR, PALKULANGARA,PETTA VILLAGE,THIRUVANANTHAPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE FOREST RANGE OFFICER, KULATHUPUZHA RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.4015 of 2009 -------------------------------- Dated this the 23rd day of July, 2009 ORDER 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. The petitioners filed Bail Application No.3665 of 2009 which was dismissed by a detailed order dated 7th July 2009. Some of the accused persons are yet to be arrested. There is no change of circumstances except that a few days passed after the order dated 7th July 2009. I am not inclined to grant bail to the petitioners at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl