IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 4565 of 2009() ----------------------------- CRIME NO.10/09 OF WILD LIFE RANGE OFFICE, SULTHANBATHERY .................... PETITIONER (S): ACCUSED -------------------- NIXON, AGED 36 YEARS,S/O.GEORGE, RESIDING AT THUNDIYIL HOUSE,MANIKUNI, SULTHANBATHERY VILLAGE,SULTHANBATHERY TALUK. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA,ERNAKULAM. 2. STATE WILD LIFE RANGER OFFICER, SULTHANBATHERY RANGE. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4565 of 2009 --------------------------------------------- Dated this the 18th day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.10 of 2009 of Wild Life Range Office, Sulthan Batheri. 2. The offences alleged against the petitioner are under Sections 2(2)(16)(24A), 9, 27, 44, 48, 49, 50 and 51 of the Wild Life Protection Act, 1972. 3. The first accused is the father of the second accused. The first accused was granted anticipatory bail by the learned Sessions Judge as per the order dated 9th July 2009. The petitioner moved an application for anticipatory bail which was dismissed as per the order dated 17th July 2009 by the learned Sessions Judge. 4. The allegation is that the accused persons unauthorisedly kept some animal trophies and two eagles in their house. Their house is situated very near to the court BA No.4565/2009 2 house. It was submitted by the accused persons that the animal trophies are ancestral properties which were handed over to the first accused several years ago. As regards the baby eagles, it was stated that when a tree was cut, the eagles were found and the accused persons only protected them. 5. It is not necessary at this stage to consider whether the accused have committed the offence. An act which is not otherwise an offence would become technically an offence under the Wild Life Protection Act. The question is whether the petitioner is to be granted anticipatory bail at this stage. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 Range Office shall release him on bail on his executing bond for Rs.25,000/- 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 all Mondays, till the final report is filed or until further orders; BA No.4565/2009 3 b) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 csl