IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5123 of 2011() ------------------------------------------ O.R.NO.04/2011 OF VAZHANI FOREST STATION, THRISSUR DISTRICT -------------------- APPLICANTS/ACCUSED 1 & 2 -------------------------------------------- 1. SHIJO, AGED 24 YEARS, S/O.THOMAS, VADAKKEKKARA HOUSE, VATTAPPARA DESOM, THEKKUMKARA VILLAGE, THALAPPILLY TALUK. 2. VARGHESE, 60 YEARS, S/O.PURAVATH, KALLARAKKAL HOUSE, MADASSERY DESOM, MANILITHARA VILLAGE, THALAPPILLY TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE BY ADV.SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE DEPUTY RANGER, VAZHANI FOREST STATION. BY PUBLIC PROSECUTOR SRI. TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No. 5123 OF 2011 --------------------------------- Dated this the 6th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in O.R.No.4 of 2011 of Vazhani Forest Station, Thrissur District. 2.The offences alleged against the petitioners inter alia are under Section 27(1)(e)(iv) of the Kerala Forest Act and Sections 50 and 51 of the Wild Life Protection Act. 3.The prosecution case is that on 19.6.2011 the accused persons shot dead a peacock from the reserve forest. The petitioners were arrested on 19.6.2011 and they were remanded to judicial custody. 4.Taking into account the facts and circumstances of B.A.No. 5123 OF 2011 2 the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 5.The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Wadakkancherry, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on Monday and Thursday for a period of two months and thereafter on every Monday till the final report is filed. B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions B.A.No. 5123 OF 2011 3 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms