IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10030 of 2011 O.R.NO.11 OF 2011 OF PARUTHIPPALLY RANGE, THIRUVANANTHAPURAM. PETITIONERS: : ACCUSED NOS.1 TO 4: --------------------------- 1. AYOOB KHAN, S/O.SHAHUL HAMEED, QUILON HOUSE, INCHIVILA RAILWAY ROAD, PARASSALA, NEYYATTINKARA TALUK. 2. MANI, S/O.CHELLAPPEN NADAR, NADUTHOTTAM PUTHEN VEEDU, INCHIVILA, PARASSALA, NEYYATTINKARA TALUK. 3. SELVARAJ, S/O.PARAMANANDAN, PARUTHIYIRACKAL VILA VEEDU, MEKKODU, KALIYIKKAVILA, VILAVEMCODE VILLAGE, VILAVEMCODE TALUK, KANYAKUMARI DISTRICT. 4. SHAREEF, S/O.KHANEEFA, PAMPALIL THAHA MANZIL, PERINADU, PANAYAM VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (OR NO.11/2011 OF PARUTHIPPALLY RANGE, THIRUVANANTHAPURAM DISTRICT). PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10030 OF 2011 ------------------------------------------------------ Dated this the 12th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in O.R.No.11 of 2011 of Paruthippally Range, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 2(1)(31), 39, 50 and 51 of the Wild Life Protection Act. 3. The prosecution case is that on 22.11.2011, the accused persons were making preparations for sale of an ivory box having a length of 20 cm., width of 9 cm. and a height of 5 cm. On getting secret information, a search was conducted in the house of accused No.1 and the article was found in his house. All the accused were arrested on 22.11.2011 and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BAIL APPL. NO.10030 OF 2011 :: 2 :: 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, however, only with effect from 22.12.2011. 5. The petitioners shall be released on bail only on 22.12.2011 on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like 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 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 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 ahz/