IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH FEBRUARY 2007 / 20TH MAGHA 1928 Bail Appl.No. 752 of 2007() ( IN CRIME NO. 2/2007 OF PERUVANNAMUZHY FOREST RANGE OFFICE) ---------------------------- PETITIONERS/ACCUSED: ------------------------------------- 1. MUKKATH PAPPACHAN @ M.M.MATHEW, S/o .MATHAYI, AGED 63 YEARS, RESIDING AT MUKKATH HOUSE, MUTHUKAD (P.O)., PERUVANNAMUZHAI - VIA, KOZHIKODE-673 528. 2. RAJU K.P., S/O. PAULOSE, AGED 41 YEARS, KEERISSERI HOUSE, MUTHUKAD P.O., PERUVANNAMUZHAI - VIA, KOZHIKODE-673 528. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2007, ALONG WITH B.A..NO.753 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NOs. 752/07 & 753/07 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 9th DAY OF FEBRUARY, 2007 O R D E R The common petitioners in these applications for regular bail are accused 1 and 2 in O.R.No.2/07 of Peruvannamuzhy Forest Range for offences punishable under sections 2, 9, 39, 51 and 57 of the Wild Life Protection Act and section 27 of the Forest Act and accused 1 and 2 in Crime No.13/07 of Peruvannamuzhy Police Station for an offence punishable under section 3 read with section 25(1)(a) of the Arms Act, 1959. 2. Learned Public Prosecutor opposed the application. 3. The case of the prosecution is that some time prior to 15.1.2007, the petitioners armed with guns had trespassed into the reserve forest and killed a sambar deer, the meat of which was shared between them. One of the guns recovered from the petitioners was an unlicensed gun. 50 Kgs of meat of the sambar deer was also seized from them. Both of them were arrested on 15.1.2007. 4. Considering the facts and circumstances of the case and the duration of judicial custody of the petitioners,I am inclined to grant bail to the petitioners only with effect from a future date. Accordingly, the petitioners are directed to be released on bail with effect from B.A.NOs.752 & 753/07 :Page numbers: 21.2.2007 on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Perambra and subject to the following conditions: 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation as and when required by the Police, till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dsn