IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1279 of 2008() ----------------------------- CMP.332/2008 of J.M.F.C.,PEERUMEDU O.R.NO.10/08 OF FOREST RANGE, THEKKADY .................... : PETITIONER/ACCUSED-1 & 2: ------------------------------------------ 1. SHAKE MUSAFER THANVEER, S/O. SHAKE MUHAMMED SHAFI, ACFIYA HOUSE, THAMARAKANDOM, KUMILY VILLAGE. 2. IRFAN ALAQBAND,S/O.MUKTAR AHAMMED, ALAQBAND, ACFIYA HOUSE, THAMARAKANDOM, KUMILY VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1279 of 2008 ------------------------------------- Dated this the 27th day of February, 2008 ORDER Application for regular bail. Petitioners face allegations under the Wild Life Protection Act. They are persons hailing from Kashmir who are having business interests in Thekkady. In a shop of which one of the accused is the manager and the other a salesman, costly shawls were offered for sale. These shawls, it is alleged, come from killed Tibetan Antelopes, which is a protected species under the Wild Life Protection Act. The petitioners have been arrested on 17.02.08. They continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. According to them, the allegation that the shawls were made using the fur of Tibetan Antelopes, a protected species under the Wild Life Protection Act, is itself incorrect and unacceptable. No satisfactory materials have been collected so far to indicate the truth of that allegation. The shawls have been sent to the expert and until the report of the expert is received, the petitioners may not be subjected to B.A.No.1279 of 2008 2 the unnecessary trauma of arrest and detention. Subject to any appropriate conditions, the petitioners may be granted regular bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application and I am satisfied in the facts and circumstances that the petitioners deserve to be enlarged on bail. Appropriate safeguards can, of course, be imposed. 4. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall execute bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/- B.A.No.1279 of 2008 3