IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 8962 of 2011() OR NO. 9/11 OF PERUVANNMUZHI FOREST RANGE, KOZHIKODE DISTRICT ----------------------------- PETITIONERS/ACCUSED NO. 1 & 3 ------------------------------------------------- 1. BINOY MATHEW, AGED 35 YEARS S/O. MATHEW VAZHEKADAVATH, CHEMBANODA PO, KOYILANDY TALUK. 2. JAMES JOSEPH, AGED 42 YEARS OLAVAKKUNNEL, CHEMBANODA PO, KOYILANDY TALUK. BY ADVS. SRI. M. ASOKAN SRI. DEVAPRASANTH. P. J. RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA REPRESENTED BY FOREST RANGE OFFICER OF PERUVANNMUZHI FOREST RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------------- B.A.No.8962 of 2011 ------------------------------------ Dated this the 3rd day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 1 and 3 in O.R.No.9/2011 of Peruvannamuzhi Forest Range, for offences punishable under Sections 2(16), 9, 39, 50, 51 and 52 of Wild Life Protection Act-1972. Apprehending arrest, detention and torture at the hands of the Investigating Officer, petitioners moved Crl.M.C.No.1359/2011 before the Sessions Judge, Kozhikode, seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. The learned Sessions Judge, by Annexure II order, dismissed the petition. Now seeking the same relief, this petition is filed. 2. Having heard either side, I find that the case was registered on detecting out a part of the carcass of a Samba Deer, which was the victim of a hunting. Complicity of the petitioners is disclosed. Since, that the first petitioner is involved in an identical crime on earlier occasion and having due regard to the nature of the offence alleged, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of the Criminal Procedure. B.A.No.8962 of 2011 2 In the result, I dispose of this petition with direction to the petitioners to surrender before the Investigating Officer, who after interrogation and recovery, if any, shall produce the petitioners before the authority concerned. P.S.GOPINATHAN, JUDGE su