IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 4564 of 2009() ----------------------------- O.R.NO.2/2009 OF PADAM FOREST STATION IN NADAVATHUMOOZHY RANGE PETITIONER/ACCUSED -------------------------------------- GOPINATHAN NAIR,S/O.RAGHAVAN PILLAI, KANDATHU KAROTTU HOUSE,ARUVAPPULAM MURI, ARUVAPPULAM VILLAGE,KONNI,PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.L.RAJ MOHAN SRI.SAJJU.S RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4564 of 2009 --------------------------------------------- Dated this the 25th day of September, 2009 ORDER 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.2 of 2009 of Padam Forest Station in Nadavathumoozhy Range, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 2(2), 2(16), 2(32), 2(36), 9 and 51 of the Wild Life Protection Act. 3. When the Bail Application came up for hearing on 16.9.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner should be given an opportunity to appear before the investigating officer. The petitioner is directed to appear before the investigating officer on 22nd and 23rd September 2009 at 9 A.M. Post on 25.9.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with O.R.No.2/2009 of Padam Forest Station until further orders.” 4. It is submitted that the petitioner complied with the direction and appeared before the investigating officer as directed. BA No.4564/2009 2 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl