IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 615 of 2010(B) ----------------------------------------- [CRL.M.P.NO.384/2010 OF J.M.F.C-II (FOREST OFFENCES),PUNALUR, O.R. NO.1/2010 OF THENMALA FOREST RANGE, KOLLAM DIST.,] .................... PETITIONER/IST ACCUSED: ---------------------------------------- MURUKAN,AGED 45 YEARS,S/O.SUBBAYYA, NAGAMALA ESTATE,HOUSE NO.124,H.M.L,THENMALA. BY ADVS. MR.BIMAL K.NATH, MR.S.JAMAL, MR.E.M.SUNIL KUMAR, MR.SREEVALSAN.V. RESPONDENT: ---------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 615 of 2010 -------------------------------- Dated this the 8th day of February, 2010 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.1 in O.R. No.1/2010 of Thenmala Forest Range, Kollam. 2. The offences alleged against the petitioner are under Sections 2,9, 51 and 58 of the Wild Life Protection Act. 3. The prosecution case is that on 30/12/2009, the petitioner laid a trap at the boundary of Harrison Malayalam Plantations and killed a wild boar. The petitioner is the night watcher of Harrison Malayalam Plantations. The petitioner was arrested on 23/1/2010 and he was remanded to judicial custody. 4. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like B.A. No. 615/2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class-II (Forest Offenes), Punalur 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. 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 scm