IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Bail Appl..No. 7187 of 2009 O.R.NO.32 of 2009 OF PARIYARAM FOREST RANGE, THRISSUR APPLICANT: ACCUSED NO.11: ----------------------------- MUHAMMED MAHAZEEN, S/O. ASHRAF SUHARAS HOUSE, KUZHIYALA DESOM, THALASSERY. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE FOREST RANGE OFFICER PARIYARAM FOREST RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7187 OF 2009 ------------------------------------------------------ Dated this the 4th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.11 in O.R.No.32 of 2009 of Pariyaram Forest Range, Thrissur District. 2. The offences alleged against the petitioner are under Sections 2(5), 2(11), 9, 39, 50 and 51 of the Wild Life Protection Act. 3. The prosecution case is that on 03.11.2009, the accused persons were found dealing with a quantity of 895 grams of snake poison. It was intended to be sold to one Sabna in Kollam for Rs.1,10,00,000/- (Rupees One crore and ten lakhs only). The petitioner was arrested on 06.11.2009 and he was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that accused Nos.2 to 7 and 9 were granted bail by the learned Sessions Judge as B.A. NO. 7187 OF 2009 :: 2 :: per the order dated 19.11.2009. As per the order dated 19.11.2009, bail was rejected to accused No.1. The counsel submits that subsequently, he was also granted bail by the learned Sessions Judge. In short, the submission of the learned counsel is that all those persons who were arrested were granted bail by the learned Sessions Judge. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that the other accused were released on bail, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakudy, 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 and Thursdays, till the final report is filed or until further orders; B.A. NO. 7187 OF 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 as above. (K.T.SANKARAN) Judge ahz/