IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 8095 of 2011() ----------------------------------------- OR. NO.8/2011 OF FOREST RANGE, KODANADU --------------------- PETITIONER/ACCUSED -------------------------------------- AJEESH, AGED 30 YEARS, S/O.MAJEED, CHERIYATH HOUSE, PATTALAM, FORT KOCHI. BY ADV. SRI.P.V.GEORGE(PUTHIYEDAM) RESPONDENT(S): RESPONDENT/COMPLAINANT ----------------------------------------------------------------------- STATE OF KERALA, (FOREST RANGE OFFICER, KODANADU), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.8095 OF 2011 --------------------------------- Dated this the 10th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in O.R.No.8 of 2011 of Forest Range Office, Kodanadu. 2.The offences alleged against the petitioner are under Sections 2, 39, 39(b), 44, 49, 49-B, 51 & 52 of the Wildlife Protection Act. 3.The prosecution case is that on 13.9.2011, a carved elephant tusk was seized from the possession of the petitioner. He was arrested by the Fort Kochi Police and the case was handed over to the Kodanadu Forest Range. It is alleged that accused No.2 handed over the contraband to accused No.1. The petitioner was arrested on 13.9.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor very vehemently opposed the Bail Application. It is submitted that the investigation is in progress. The source of elephant tusk is to B.A. No.8095 OF 2011 2 be found out and it is also necessary to unearth the incident which led to the removal of the tusk. 5.If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. The investigation is at the initial stage. At this stage, I am not inclined to grant bail to the petitioner. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms