IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6132 of 2011() ----------------------------- CRIME NO.4 OF 2011 OF KURICHIAT WILD LIFE RANGE, SULTAN BATHERY PETITIONER/ 7TH ACCUSED ------------------------------- GEORGE P.P,S/O.PAILY,PALEETHMOLEAL HOUSE THODUVATTY P.O, SULTAN BATHERY. BY ADV. SRI.JOHN VARGHESE SRI.P.M.JOSEPH RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. ASSISTANT WIDE LIFE WARDEN, KURICHIAT WILFE LIFE RANGE, SULTAN BATHERY - 673 592. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6132 OF 2011 --------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.6 in Crime No.4 of 2011 of Kurichiat Wild Life Range, Sultan Bathery. 2. The offences alleged against the petitioner are under Sections 2, 9, 27, 31, 32 and 51 of the Wild Life Protection Act. 3. When the Bail Application came up for admission on 12th August, 2011, the following order was passed: “3. The allegation is that accused Nos.1 to 5 hunted a sambar deer from reserve forest with the gun given by accused No.6. Accused No.6 is working as Assistant Sub Inspector of Police in Traffic Unit, Sultan Bathery. 4. The learned Public Prosecutor B.A.No.6132 OF 2011 2 submitted that on a search of the house of the petitioner, 7 cartridges, 5 empty cases and 58.09 grams of metal bolts were seized. 5. The learned counsel for the petitioner submitted that his brother had a licenced gun which was surrendered before the police. According to the petitioner, 7 cartridges and other materials seized from the house of the petitioner relate to the gun which was owned by the brother of the petitioner. The counsel for the petitioner submitted that if the petitioner is given an opportunity to explain the matter, he will do so to the investigating officer to show that the petitioner is not guilty of the offence. 6. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th and 19th of August, 2011 at 10 a.m. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with the crime till 25th August, 2011. Post on 25.08.2011. “ 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 12th August, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12th August, 2011 has been B.A.No.6132 OF 2011 3 complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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. cms