IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 7080 of 2009(F) ----------------------------------------- CRIME O.R. NO.23/2009 OF FOREST RANGE, KOTTIYOOR .................... PETITIONER/ACCUSED: -------------------------------------- BINOY JOSEPH,S/O.JOSEPH,AGED 33 YEARS, THURUTHEL,VANIYAPPARA,KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: ----------------------------------------------- THE FOREST RANGE OFFICER,KOTTIYOOR, KANNUR DISTRICT,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7080 of 2009 ---------------------------- Dated this the 14th day of January, 2010 O R D E R 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.23/2009 of Kottiyoor Forest Range. 2. The offences alleged against the petitioner are under Section 27(1)(e)(iv) of the Kerala Forest Act and Section2(2),(14), (16),(a)(b),(35)(36), Section 9 & Section39(a)(b),(50),(51) of the Wild Life Protection Act. 3. The prosecution case is that the petitioner hunted a wild boar from the reserve forest. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the Case Diary also. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. Custodial interrogation of the petitioner would be required in the present case. If anticipatory bail is granted to the petitioner, it would B.A. No. 7080/2009 2 adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm