IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8930 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.8095/2011 Dated 10/10/2011 O.R.NO.8/2011 OF FOREST RANGE OFFICE, KODANADU .................... PETITIONER : ACCUSED : -------------------- AJEESH, AGED 30 YEARS, S/O.MAJEED,CHERIYATH HOUSE, PATTALAM,FORT KOCHI. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT: --------------- STATE OF KERALA FOREST RANGE OFFICER, KODANADU REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8930 of 2011 ---------------------------------------------- Dated this the 31st 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 13/09/2011, 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 petitioner filed Bail Application No.8095 of 2011 which was dismissed by the order dated 10th October, 2011 . The investigation has progressed much thereafter. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.8930/2011 : 2 : petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Perumbavoor, 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 and Thursdays for a period of two months and thereafter 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. Bail Appln.No.8930/2011 : 3 : 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 skj True copy P.A. to Judge