IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5366 of 2009() ----------------------------- OR NO..13/09 OF KANHANGAD FOREST RANGE PETITIONERS (S): ACCUSED 2 TO 9 -------------------- 1. RANJITH, S/O.RAGHAVAN, AREENKAL, P.O. BALAL. 2. VIJAYAN, S/O. KUMARAN, AREENKAL, P.O. BALAL. 3. THOMAS, S/O. PHILIP, AREENKAL , P.O. BALAL. 4. ANILKUMAR S/O.KRISHNAN, AREEKKAL,P.O., BALAL. 5. VIJAYAN, S/O. THERU CHEETTAKKAL, P.O. BALAL. 6. ANEESH, S/O. KANNAN, CHEETTAKKAL, P.O. BALAL. 7. KANNAN, S/O. NARI AMBADI, CHEETTAKKAL, P.O. BALAL 8. THERU, S/O.ALAMI CHEETTAKKAL, P.O.BALAJI BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT --------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5366 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 to 9 in O.R.No.13 of 2009 of Kanhangad Forest Range. 2. The offences alleged against the petitioners are under Sections 2(1), 2(2), 2(14), 2(16), 2(20), 2(32), 9, 39, 50, 51 and 53 of the Wild Life Protection Act. 3. The allegation is that accused Nos.2 to 9 purchased meat of a wild pig from accused Nos.10, 11 and four others. 4. When the Bail Application came up for hearing on 24th September, 2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 6.10.2009 and 7.10.2009. Post on 12.10.2009. BA No.5366/2009 2 It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with O.R.No.13 of 2009 of Kanhangad Forest Range.” 5. The learned counsel for the petitioners submitted that accused No.8 (7th petitioner) could not comply with the order dated 24th September 2009 as he was admitted in the Pariyaram Medical College. This fact was intimated to the investigating officer. 6. The learned Public Prosecutor submitted that all the other petitioners complied with the direction and that it is true that the 7th petitioner was admitted in the hospital. 7. 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 petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA No.5366/2009 3 a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) The 7th petitioner shall appear before the investigating officer within a week after his discharge from the hospital; 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 BA No.5366/2009 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.5366 of 2009 --------------------------------------------- Dated this the 24th day of September, 2009 ORDER After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 6.10.2009 and 7.10.2009. Post on 12.10.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with O.R.No.13 of 2009 of Kanhangad Forest Range. K.T.SANKARAN, BA No.5366/2009 5 JUDGE csl Hand over copy to both sides.