IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 4912 of 2008() ----------------------------- O.R.NO.4/2008 OF VAZHATHOPPU FOREST STATION PETITIONERS/ACCUSED --------------------------------------- 1. JAMES, S/O.MANI, AGED 36 YEARS, VATTAPPARAYIL HOUSE, KOCHUPINAVU, IDUKKI COLONY PO IDUKKI DISTRICT. 2. AJESH,S/O.SASIDHARAN, AGED 25 YEASRS, LAKSHMI VILASAM HOUSE, GANDHI NAGAR IDUKKI COLONY P.O, IDUKKI VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 3. DILIP,S/O.NARAYANAN AGED 25 YEARS, KANDATHUMKARAYIL HOUSE, GANDHI NAGAR IDUKKI COLONU.P.O, IDUKKI DISTRICT. 4. BASIL, S/O.JOHNY AGED 28 YEARS, VETTUCHIRAYIL HOUSE, CHELACHUVADU KARA, KANJIKKUZHI VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, ALONG WITH BA NO.4916 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.Nos.4912 & 4916 of 2008 ------------------------------------------------- Dated this the 25th day of September, 2008 O R D E R These petitions are for anticipatory bail. 2. The alleged offences are under Sections 27, 31 and 32 of Wild Life Protection Act, 1972. Accused nos. 2, 5 to 7 are the petitioners in B.A.No.4912/08 and accused nos. 3 and 4 are the petitioners in B.A.No.4916/2008. According to prosecution, accused nos. 1 to 7 trapped a wild goat and killed it and they planned to share the meat and thereby committed various offences under the Wild Life Protection Act, 1972. 3. Learned counsel for the petitioners submitted that the petitioners are absolutely innocent of the allegations made. The first accused was already arrested and released on bail. The petitioners apprehend arrest on allegation of non bailable offence. They are absolutely innocent of the allegations made. Petitioners are implicated by the first accused. But, even as per the statement given by him, petitioners' involvement in the offence will not be revealed, it is submitted. The first accused has allegedly informed the seventh accused when he found wild goat in a trap and first accused and other accused came to the scene and second accused BA No.4912 & 4916/08 2 killed the animal and removed it to and kept it in the property of the water authority. Others were only standing nearby. Therefore, no offence is committed by the petitioners, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the offence committed is of a serious nature. The allegations are that all the accused together had trapped the animal and decided to share the meat and killed the animal and it was kept in the property of the water authority. The investigation is going on. Only, the first accused could be arrested and others could not be arrested so far, though the incident happened as early as on 21.7.2008. Petitioners are required for the purpose of investigation. It is understood that they are involved in similar other offences and this appears from the statement of the first accused itself. 5. On hearing both sides, considering the nature of offence committed, I am not inclined to grant anticipatory bail to the petitioners. The petitioners will be required for custodial interrogation for an effective investigation. Hence, petitions are dismissed. K.HEMA, JUDGE csl