IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 1985 of 2010() ----------------------------------------- (O.R.1/2010 OF ENNAKKAL FOREST STATION) PETITIONER/7TH ACCUSED: ------------------------------------------ GEORGEKUTTY, S/O.KURIAKKOSE, AGED 39 YEARS, MANDANATHUKUDIYIL HOUSE, KOOVAPPARA P.O., KOTHAMANGALAM, ERNAKULAM. BY ADVS. SRI.BIJU M.JOHN, SRI.ABEY JOSEPH, SRI.GEORGE JOSEPH (MANALEL), SRI.V.G.VISAL KUMAR, SRI.B.SANDEEP (VENNALA). RESPONDENT(S): COMPLAINANT/STATE: --------------------------------------------------------------- STATE OF KERALA, REP.BY STATE PROECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No. 1985 of 2010 ------------------------------------ Dated this the 25th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 27(1)(d), 27 (1)(e) and Sections 9, 27, 29, 31, 32, 39, 44 and 49B of the Wild Life Protection Act. According to prosecution, 7th accused along with other accused hunted a wild elephant and after causing its death, removed its tusk and sold it to 5th accused for Rs. 35,000/-. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. The only allegation against petitioner is that first accused gave a confession that petitioner was also accompanying first accused. Hence, anticipatory bail can be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that accused Nos. 1 and 3 were arrested in another crime of similar nature. While they were questioned, the complicity of the petitioner and others in this crime was also disclosed. Petitioner is required for custodial interrogation. B.A. No. 1985 of 2010 2 5. On hearing both sides, I find that there is only a bare assertion of innocence. Petitioner was not able to probabilise his innocence and there is no material to support plea of innocence. I am also satisfied with the submissions made by learned Public Prosecutor in a case of this nature and I am not inclined to grant anticipatory bail to petitioner, especially since petitioner's custodial interrogation will be required in this case. This petition is dismissed. K. HEMA, JUDGE ln