IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1325 of 2010() ----------------------------- O.R.NO.1/2009 OF KOLLATHIRUNADU FOREST RANGE PETITIONERS/ACCUSED 1 TO 4 -------------------------------------- 1. SAJI JOSEPH,AGED 34 YEARS, S/O.JOSEPH,PURATHIYIL HOUSE,KUTTIYAMCHAL KARA, KUTTAMPUZHA VILLAGE,KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 2. XAVIER,AGED 34 YEARS,S/O.JOSE, KALAVIKUDIYIL HOUSE,KUTTIYAMCHAL KARA,KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT. 3. JITHIN,AGED 21 YEARS,S/O.SIVAN, KEESHATHIKUDIYIL HOUSE,KUTTIYAMCHAL KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 4. RAVEENDRAN,AGED 60 YEARS, S/O.KOCHUKRISHNAN,CHENDIMUDAMBIL HOUSE, KUTTIYAMCHAL KARA,KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.T.V.VARGHESE SRI.VARGHESE K.PAUL SRI.P.P.SUDHEER (ALUVA) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1325 of 2010 --------------------------------------------- Dated this the 8th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in O.R.No.1 of 2009 of Kollathirumedu Forest Range. 2. The offences alleged against the petitioners are under Sections 2, 9, 16, 20, 34, 36, 44, 49(a) & (b) and 51 of the Wild Life Protection Act and Section 27 (1)(e) of the Kerala Forest Act. 3. The prosecution case is that the accused persons hunted a wild tusker from the reserve forest and removed tusks. 4. On 15.11.2009, the carcass of a tusker was found in the reserve forest. The tusks were found removed. The investigation revealed that accused Nos.1 to 3 and two others hunted the tusker and removed the tusks. It is alleged that they sold the tusks to accused No.4. Accused No.4 had engaged the services of accused No.5 for making idols out of the tusks. 5. The petitioners were arrested on 3.1.2010. It is submitted that final report is not filed within 60 days and therefore, the petitioners are entitled to default bail under the BA No.1325/2010 2 proviso to Section 167(2) of the Code of Criminal Procedure. 6. The learned Public Prosecutor submitted that final report is not filed so far. 7. 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, the present stage of investigation and also taking note of the fact that final report was not filed within sixty days as provided under Section 167(2) of the Code of Criminal Procedure, I am of the view that petitioners are entitled to be released on bail. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each 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 petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter 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 surrender their passports BA No.1325/2010 3 before the Judicial Magistrate of the First Class, Chalakudy within one week from today. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 csl