IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 7742 of 2011() ---------------------------------------- OR. NO.16/2011 OF SHOLAYUR FOREST DIVISION , PALAKKAD DISTRICT. ........... PETITIONER/2ND ACCUSED ------------------------------------------ K.B.MOHANDAS,AGED 52, S/O.BHAKARA PILLAI,'NITHYA NIVAS', F.M.ROAD, KATHRIKADAVU,KALUR,COCHIN-17. BY ADV. SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.PRIJITH P. SRI.ANEESH JAMES RESPONDENT(S): COMPLAINANTS --------------------------------------------------- 1. THE STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE FOREST RANGE OFFICER,AGALI 678 581. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J. --------------------------------------- B.A No. 7742 of 2011 --------------------------------------- Dated this the 23rd day of November 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in O.R No. 16 of 2011 of Sholayoor Forest Division for offences under Sections 2(16)(a), 2(35), 2(36), 9, 49 and 51 of Wild Life Protection Act, 1972. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondents to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegation. 2. Having heard either side, it is revealed that a wild elephant was found electrocuted inside the Vrindavan Estate. It is alleged that petitioner is one of the co-owner of the estate. On the other hand, the contention of the petitioner is that petitioner has no ownership over the estate where the elephant was electrocuted and that the petitioner is the Superintendent of Customs and Central Excise. I find that the matter requires detailed investigation. However, taking note that the 3rd accused was granted bail on certain conditions, though he is an advocate, I find that it would be just and proper to give the same relief to the petitioner also. B.A. No.7742/2011 2 3. In the result, this petition is allowed. There will be a direction to the petitioner to surrender before the Investigating Officer. The Investigating officer, after interrogation, shall release the petitioner on bail on executing a bond for Rs. 20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions. 1) The petitioner shall report before the Investigating officer on all Saturdays. 2) Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 3). This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce him before the Magistrate concerned. (P.S.GOPINATHAN, JUDGE) al