IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1590 of 2010() ----------------------------- CMP.518/2010 of J.M.F.C.,PEERUMEDU O.R. NO.1/2010 OF AZHUTHA FOREST RANGE, IDUKKI. ............................................. PETITIONER/ACCUSED: --------------------------------------- SHIJO, S/O. BABY, POOCHALIL VEEDU, MATHAMBA KANAYANKAVAYAL BHAGOM, PERUVANTHANAM VILLAGE, PEERMADE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, ALONG WITH BA NO. 1444 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.1444 &1590 of 2010 ------------------------------------ Dated this the 18th day of March, 2010 O R D E R These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. B.A. No.1590 of 2010 is filed by accused No. 1, while B.A. No.1444 of 2010 is filed by accused Nos. 2 to 5 in O.R. No.1/2010 of Azhutha Forest Range, Idukki. 2. The offences alleged against the accused persons are under Sections 9, 27, 29, 31 and 32 read with Section 51 of the Wildlife Protection Act. 3. The prosecution case is that on 18/2/2010, the accused persons, 14 in number, illegally trespassed upon Periyar Tiger Reserve Sanctuary with all preparations for hunting. They were found engaged in fishing in Azhutha river within the Periyar Tiger Reserve Sanctuary. It was found that the accused persons were possessing two country guns, one head light and two bags containing all the necessary accessories for the use of the country guns and other gadgets. The articles for preparing food were also found in possession of the accused. On seeing the forest officials, accused Nos.6 to 14 B.A. Nos.1444 &1590 of 2010 2 ran away and escaped. Accused Nos. 1 to 5 were arrested and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of 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 on stringent conditions. 5. The petitioners shall be released on bail on their executing bond for Rs. 25,000/-each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Peermade subject to the following conditions:- A) The petitioners 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. 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. B.A. Nos.1444 &1590 of 2010 3 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 mentioned above, the bail shall be liable to be cancelled. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm