IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 7871 of 2009() ------------------------------------------ CMP.NO.5974/2009 OF JUDICIAL MAGISTRATE I CLASS, PUNALUR ...... (O.R.17/2009 PARUTHIPPALLY RANGE,KOLLAM DISTRICT) ........ PETITIONER/SECOND ACCUSED: ------------------------------------------------------ NIDHEESH KUMAR, S/O.SREEDHARAN, LEKSHMI BHAVAN, ARAKKAMATTOM, CHANGAMPUZHA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM. BY ADV. MR.N.SREEDHARAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP.BY THE FOREST RANGE OFFICER, PARUTHIPALLY RANGE. BY PUBLIC PROSECUTOR MR. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7871 of 2009 --------------------------------- Dated this the 11th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in O.R. No.17/2009 of Paruthippally Forest Range. 2. The offences alleged against the petitioner are under Sections 2(12), 2(16)(b), 2(16)(c), 2(36), 9, 39, 42,44(1)(c), 49(a)(b), 50, 51 and 52 of the Wild Life Protection Act. 3. The prosecution case is that on 2/11/2009, accused Nos. 1 to 3 were found in possession of 250ml of snake venom. The accused persons were travelling in a car. The car was intercepted by the police at Kazhakoottom. Accused persons were arrested on the spot. The petitioner was produced before court and he was remanded to judicial custody. 4. As per the order dated 14/12/2009 in B.A. No.7000 & 7052 of 2009, bail was granted to accused Nos. 1 and 3. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of B.A. No. 7871 /2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Punalur 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 and Thursdays, 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 as above. K.T. SANKARAN, JUDGE scm