IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9752 of 2011() ----------------------------- O.R.NO.9/2011 OF KANCHIYAR FOREST STATION, IDUKKI .................... PETITIONER/IST ACCUSED ------------------------------- POULOSE,AGED 61 YEARS,S/O.THOMAS, MUTTUCHIRAYIL HOUSE,MURICKASSERY KARA, VATHIKUDY VILLLAGE. BY ADV. SRI.B.S.SWATHY KUMAR SMT.M.G.AISHWARYA RESPONDENT(S): STATE -------------------- STATE OF KERALA,REPRESENTELD BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9752 of 2011 --------------------------- Dated this the 1st day of December, 2011 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.1 in O.R.No.9 of 2011 of Kanchiyar Forest Station, Idukki District. 2. The offences alleged against the petitioner are under Sections 9 and 51 of the Wild Life Protection Act. 3. The prosecution case is that on 6.11.2011, the first accused trapped a porcupine from the tapioca garden of accused No.2, killed the animal, supplied 1 kg. of meat to accused No.2, disposed of the carcass in the backyard of the house of accused No.2 and took away the balance meat. 4. The petitioner was arrested on 11.11.2011. He is in judicial custody since then. It is stated that accused No.2 was granted bail. BA 9752/11 2 5. The learned Public Prosecutor opposed the Bail Application. He submitted that the granting of bail to accused No.2 should not be taken as a ground in favour of the petitioner. The learned Public Prosecutor submitted that accused No.1 is the main accused who killed the animal and disposed of the meat. It is also submitted that the clutch wire and chopper with which the offence was committed were seized from accused No.1. 6. 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 investigation, I am of the view that bail can be granted to the petitioner with effect from 12.12.2011. The petitioner shall be released on bail only on 12.12.2011 on his executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Idukki, subject to the following conditions: BA 9752/11 3 A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, 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 csl