IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7000 of 2009(J) ----------------------------------------- (COMMON ORDER IN CRL.M.P. NOS.5653/09 & 5654/09 OF JUDICIAL I CLASS MAGISTRATE COURT- II, (FOREST OFFENCES), PUNALUR, O.R.NO.17/09 OF PARUTHIPPALLY RANGE). PETITIONER/ACCUSED: ---------------------------------- NISHANTH,S/O.ACHUTHAKUMAR, SAPTHAMI, IMANAM, KOTTAYAM THALUK. BY ADVS. MR.SIBY MATHEW, MR. PHILIP J. VETTICKATTU. RESPONDENT/RESPONDENT: ------------------------------------------- STATE OF KERALA (REP.BY FOREST RANGE OFFICER, PARUTHIPALLY RANGE. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/12/2009, ALONG WITH B.A. NO. 7052/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. Nos. 7000 & 7052 of 2009 -------------------------------------------- Dated this the 14th day of December, 2009 O R D E R Accused Nos.1 and 3 in O.R. No. 17/2009 of Paruthippally Forest Range have filed these Bail Applications under Section 439 of the Code of Criminal Procedure. The first accused is the petitioner in B.A. No.7000/2009 and the 3rd accused is the petitioner in B.A. No.7052/2009. 2. The offences alleged against the petitioners are under Sections 2(12), 2(16)(b), 2(16)(c), 2(36), 9, 39, 42,44(1)(c), 49(a)(b), 50, 51 and 52 of the Wild Life Protection Act. 3. The prosecution case is that on 2/11/2009, accused Nos. 1 to 3 were found in possession of 250ml of snake venom. The accused persons were travelling in a car. The car was intercepted by the police at Kazhakoottom. Accused persons were arrested on the spot. The petitioners were produced before court and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that one gram of B.A. Nos. 7000 & 7052 of 2009 2 snake venom would cost Rs.10,000/-. 5. The investigation has progressed much. All the accused persons have been arrested. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. The petitioners shall be released on bail on their executing bond for Rs.1,00,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Punalur subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. Nos. 7000 & 7052 of 2009 3 D) The petitioners 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. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm