IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 7094 of 2008() ----------------------------- OR NO.8/2008 of VELLIKULANGARA FOREST RANGE APPLICANT : ACCUSED -------------------------------- V.LINGIAH GROUP MANAGER MOOPLY VALLEY GROUP ESTATES HARRISONS MALAYALAM LIMITED VARANDARAPILLY TRICHUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING THE RANGE OFFICER OF VELLIKULANGARA FOREST RANGE PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7094 of 2008 --------------------------------------------- Dated this the 13th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 2(1), 2(15), 2(16) a to c, 2(17), 2(35), 2(36), 2(37), 9, 39, 50, 51, 52 and 59 of Wildlife (Protection) Act 1972. According to prosecution, petitioner, who is the group Manager of Mooply Valley Group Estates of Harrison Malayalam Limited, installed a snare for hunting of schedule wild animals by trapping. This was kept in the Bungalow premises of the petitioner. 3. Learned counsel for petitioner submitted that petitioner is the group Manager of the estate of Harrison Malayalam Plantations and in the boundary of the compound in which estate bungalow is situated, there is a fencing. Some electrical wire was found looped at a particular area and according to Forest Officials, it was kept with a view to trap and hunt animals. But, even according to Forest Officials, electrical wire was not a live wire. There is no case that at any time, any animal was trapped at the bungalow premises. 4. The whole allegation is made only because there is an BA No.7094 /2008 2 existing dispute between management of Harrison Malayalam Plantations Ltd. and the matter is pending before another Bench of this Court. Petitioner has not committed any offence and petitioner was arrested on 11.11.2008 and he was remanded and he is in custody for the past three days. It is also pointed out that as per the allegations, the alleged snare was detected while Advocate Commissioner visited the property as deputed by the High Court accompanied by the various Forest Officials and petitioner. The said alleged snare is already removed and petitioner may also be granted bail, it is submitted. 5. Learned public prosecutor submitted that he has no objection in granting bail, especially since the snare is removed. On hearing both sides, I am satisfied that bail can be granted to the petitioner and the following order is passed: Petitioner shall execute a self bond for Rs.25,000/- to the satisfaction of the learned Magistrate on condition that he will not tamper with evidence or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl