IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 7381 of 2009 O.R.NO.4 OF 2009 OF PEECHI-VAZHANI WILD LIFE SANCTUARY RANGE, THRISSUR DISTRICT. APPLICANT/ACCUSED NO.6 ------------------------------------------ SABU, AGED 37 YEARS, S/O.GEORGE, ARODHA HOUSE, MUPLIYAM PO, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN SRI.P.GIRISH KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE RANGE OFFICER, PEECHI-VAZHANI WILD LIFE SANCTUARY RANGE. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7381 OF 2009 ------------------------------------------------------ Dated this the 25th day of January, 2010 O R D E R When the Bail Application came up for hearing on 14.1.2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.6 in O.R.No.4 of 2009 of Peechi-Vazhani Wild Life Sanctuary Range, Thrissur District. 2. The offences alleged against the petitioner are under Sections 2(1)(14)(16)(20)(35) & (36), 9, 27, 29, 31, 39(1)(a) & (d), 50 and 51 of the Wild Life Protection Act. 3. The prosecution case is that accused Nos.1 to 4 entered into the Peechi-Vazhani Wild Life Sanctuary and hunted a sambar deer. It is alleged that accused No.3, after hunting the deer, contacted the fifth accused over phone. There were some money transactions between accused Nos.3 and 5 and accused No.3 was indebted to accused No.5. Accused No.5 brought his jeep and took the meat of the sambar deer. A portion of the meat was given to accused No.5. B.A. NO. 7381 OF 2009 :: 2 :: 4. Accused No.5 filed Bail Application No.6737 of 2009 and after his appearance before the investigating officer on two days, he was granted anticipatory bail. It is submitted by the learned Public Prosecutor that accused No.5 stated to the investigating officer that the jeep belonging to accused No.5 was driven by accused No.6. 5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 18.1.2010 and 19.1.2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 25.1.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with O.R.No.4 of 2009 of Peechi-Vazhani Wild Life Sanctuary Range, Thrissur District.” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 14.1.2010 has been complied with by the petitioner. B.A. NO. 7381 OF 2009 :: 3 :: 3. 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 14.1.2010 has been 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 Rs.15,000/- 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 ahz/