IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Bail Appl..No. 6643 of 2008() ----------------------------- CR.NO.7/2008 OF KANNAVANAM FORST RANGE PETITIONER; (ACCUSED) ----------------------------------------- PUTHIYAPURAYIL MUHAMMED ALI @ C.M.ALI HAJI, S/O.MOIDU HAJI, AGED 48, 'FAHIMA MAHAL', FIRST RAILWAY GATE, P.O.CHIRAKKARA, THALASSERY. BY ADV. SRI.HARISH R. MENON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERLA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6643 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 2(1), 2(15),2 (20), 2(30A), 2(36), 2(37), 9, 39, 42, 51 and 52 of Wild Life (Protection) Act, 1972. According to prosecution, a portion of “whale shark” was purchased by petitioner who is 1st accused in the crime. A portion of its flesh was seized from the shop of petitioner. 3. Learned counsel for petitioner submitted that petitioner is a dealer in dry fish and he only bought the flesh of a fish, without knowing whether it is a schedule fish or not. He had not committed any offence under the Wild Life (Protection) Act. Even prosecution, he had not hunted the fish and hence, anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before Investigating Officer and subject to that ,he has no objection in granting anticipatory bail to petitioner. Learned Public Prosecutor also made it clear that petitioner stands on different footing than other accused. 5. Hence, the following order is passed:- BA 6643/08 -2- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and in the event of his arrest, if any, he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall co-operate with the investigation. iii) He shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.