IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6538 of 2009() ------------------------------------ O.R.NO. 19/2009 OF THAMARASSERRY FOREST RANGE ........................ PETITIONER/3RD ACCUSED: ----------------------------------------- SHAJAHAN.K.A S/O. ASSAINAR, KOPPILAKKAL HOUSE, VALLATHIPARA, ALLI.P.O. KOZHIKODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINNANT & STATE: ------------------------------------------------------------ 1. THE FOREST RANGE OFFICER, THAMARASSERRY. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6538 of 2009 ------------------------------------ Dated this the 16th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in O.R.No.19/2009 of Thamarasserry Forest Range. 2. The offences alleged against the petitioner are under Sections 2, 9, 50, 51 and 57 of the Wild Life Protection Act. 3. The prosecution case is that on 28.09.2009, the accused persons, using a country gun belonging to accused No.3, shot dead a barking deer (Muntiacus Muntjak), which is an animal included in schedule III of the Wild Life Protection Act. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I am not inclined to exercise the discretionary jurisdiction under Section 438 of the Code of Criminal Procedure to grant Anticipatory Bail to the B.A. No. 6538 of 2009 2 petitioner. If Anticipatory Bail is granted to the petitioner, it would adversely affect the smooth and proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln