IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6623 of 2009() ----------------------------- O.R.NO.3/2009 OF KARIKULAM FOREST STATION, PATHANAMTHITTA .................... PETITIONER/ACCUSED -------------------------------------- KOSHY THOMAS, AGED 53 YEARS, S/O.C.V.THOMAS, CHANDRAVIRUTHIL HOUSE, P.O.THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): COMPLAINANT -------------------------- DEPUTY RANGER, FOREST STATION KARIKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6623 of 2009 --------------------------------------------- Dated this the 16th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in O.R.No.3 of 2009 of Karikulam Forest Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 2 of the Wild Life Protection Act. 3. The allegation made against the petitioner is that he kept a male peacock in a cage at his residence. 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 police station shall release him on bail on his executing bond for Rs.10,000/- 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 BA No.6623/2009 2 between 9 A.M. and 11 A.M. on every Monday for a period of one month and thereafter on the first Monday of every month, till the final report is filed or until further orders; 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