IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 2978 of 2009() ----------------------------- OR NO.12/2009 OF ANCHAL FOREST RANGE, KOLLAM .................... PETITIONERS/ACCUSED NO.2 TO 5 ------------------------------------------------- 1. NADIRSHA, AGED 60, S/O.MEERASAHIB, ISHA MANZIL, KAITHODU, NILAMEL VILLAGE (ACCUSED NO.2). 2. SUBHASH, S/O.KRISHNAN KUTTAPPAN, KRISHNAVILASOM, KONCHIRAVILA, ATTUKAL, MANACADU VILLAGE (ACCUSED NO.3). 3. AMEER, S/O.KUTTIYANI, ARACKAL VEEDU, MANICHIRA, SULTANBETHERI, VAYANADU (ACCUSED NO.4). 4. BHUVANACHANDRAN, S/O.KATHIRANKANI, JULY COTTAGE, EDAVAM, EDINJAR, ANADU MURI, THENNUR VILLAGE (ACCUSED NO.5). BY ADV. SRI.C.KHALID RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE, REP. BY THE FOREST RANGE OFFICER, ANCHAL RANGE, KOLLAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.2978 of 2009 ---------------------------------- Dated this the 9th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.2 to 5 in O.R.No.12 of 2009 of Anchal Forest Range, Kollam. 2. The offence alleged against the petitioners are under Sections 2(16) and 2(36)(g) read with Section 5 of the Wild Life Protection Act. 3. The petitioners were arrested on 13.5.2009 and they are in judicial custody. The learned Magistrate dismissed the Bail Application as per the order dated 26th May 2009. The learned public prosecutor submitted that the investigation is in progress. The order passed by the court below would indicate that the custody of the accused was given to the Investigating Agency and that they were interrogated. 4. 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. 5. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like BA No.2978/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-II (Forest Offences), 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, 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; 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. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl BA No.2978/2009 3 K.T.SANKARAN, JUDGE csl BA No.2978/2009 4