IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 2209 of 2010() ----------------------------- OR NO.1/2010 OF KANNIMANGALAM FOREST STATION, ERNAKULAM. (S): APPLICANTS/ACCUSED 3 AND 4: ----------------------------------------------- 1. JUSTINE, S/O.JACOB @ CHACKU, AGED 28, THOTTAKKARA, MANJAPRA, ALUVA TALUK. 2. BINOY, S/O.JOSE, AGED 38, KOLATTUKUDY HOUSE, MANJPRA, ALUVA TALUK. BY ADV. SRI.M.C.JOHN RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, KANNIMANGALAM FOREST STATION, KALADY. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2209 of 2010 ---------------------------------------------- Dated 28th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 2(16), (35) and (36), 9, 30, 49, 51, 52 and 57 of the Wild Life (Protection) Act and Section 27(1)(e) of the Kerala Forest Act. According to prosecution, the forest officials got information that a wild boar was killed from the forest and the meat was available in the first accused's house. The forest officials inspected the house of the first accused and the meat was seized. He was arrested from the spot and when he was questioned, it was revealed that he got it from the third accused and that the wild boar was shot down by second accused. However, when second accused was questioned, it is revealed that he himself shot down the wild boar from the forest and petitioners (3rd and 4th accused) who are dealers in meat went to the forest and bought 30 Kg. of meat at the rate of Rs.200/- per Kg. from him. 3. Learned counsel for the petitioners submitted that petitioners are innocent of the allegations made. It is only in the BA NO.2209/10 2 confession statement made by second accused to the forest officials (Annexure I) that petitioners are implicated. Petitioners are not engaged in hunting and they are innocent of the allegations made. 4. Learned Public Prosecutor opposed the application and submitted that petitioners have a definite role in the incident and they had also gone into the forest and purchased the meat of the boar. Investigation is in progress. 5. On hearing both sides, on considering the serious nature of the allegations made and the nature of investigation required and the role of the petitioners, I find that this is not a fit case to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE. tgs