IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 639 of 2010() ---------------------------- O.R.NO.1/2009 OF KOLLATHIRUMEDU FOREST RANGE PETITIONERS/ACCUSED --------------------------------------- 1. SAJI JOSEPH, AGED 34 YEARS, S/O.JOSEPH, PURATHAYIL HOUSE, KUTTIYAMCHAL KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 2. XAVIER, AGED 34 YEARS, S/O.JOSE, KALAVIKUDIYIL HOUSE, KUTHIYAMCHAL KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 3. JITHIN, AGED 21 YEARS, S/O.SIVAN, KEEZHATHIKUDIYIL HOUSE, KUTHIYAMCHAL KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 4. RAVEENDRAN, AGED 60 YEARS, S/O.KOCHUKRISHNAN, CHENDIMUDAMBIL HOUSE, PARAKUDI LANE, CHAKKA VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.C.T.VARGHESE SRI.VARGHESE K.PAUL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.639 of 2010 --------------------------------------------- Dated this the 9th day of February, 2010 ORDER 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 offences alleged against the petitioners are grave in nature. The investigation is not over. Two persons involved in the hunting are yet to be arrested. It is submitted that accused No.4 is a dealer in ivory. BA No.639/2010 2 6. The learned Public Prosecutor submitted that if the petitioners are released on bail, they would indulge in similar illegal activities. The destruction of wild life and offences under the Wild Life Protection Act is to be dealt with very seriously. The depletion of wild life in the reserve forest causes threat to the eco system. The Wild Life Protection Act was enacted to effectively deal with the offences under the Act and to protect the wild life. 7. The petitioners were arrested only on 3.1.2010. If they are released on bail at this stage, it would adversely affect the proper investigation of the case. It is also likely that they may indulge in influencing or intimidating the witnesses and tampering with the evidence. The likelihood of the petitioners involving in similar criminal activities also cannot be ruled out. I am of the view that the petitioners cannot be released on bail at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl