IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3086 of 2009() ----------------------------- OR NO.12/2009 OF ANCHAL FOREST RANGE PETITIONER/IST ACCUSED ------------------------------------------ AJAYAKUMAR, S/O.SATHYAVRETHAN, PEZHUVILA PUTHEN VEEDU, KUTTIKADI, KADAKKAL VILLAGE. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): --------------- THE FOREST RANGE OFFICER, ANCHAL RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3086 of 2009 ------------------------------- Dated this the 11th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in O.R.No.12 of 2009 of Anchal Forest Range. 2. The offences alleged against the petitioner are under Sections 2(2), 2(16), 2(32), 2(33), 2(36), 2(37), 9, 39, 50, 51 and 52 of the Wild Life Protection Act. 3. The prosecution case is that the accused persons, 5 in number, were found in a suspicious manner on 13.5.2009 by the Kadakkal police. Subsequently in the house of the first accused, two wild tortoise and two wild owls were found. The petitioner was arrested on 13.5.2009 and he is in judicial custody since then. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the BA No.3086/2009 2 satisfaction of the Judicial Magistrate of the First Class-II (Forest Offences), Punalur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl