IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5745 of 2009() ----------------------------- OR NO.6/2009 RAJAMPARA FOREST STATION OF RANNY FOREST RANGE PETITIONER/ACCUSED NO.2: -------------------------------------------- SAJI, PARANGAAMMOOTIL HOUSE, AYIROOR VILLAGE, VADAKEKKARA MURI, KUMARAMPEROOR, CHITTAR, SEETHATHODU VILLAGE. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5745 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in OR No.6 of 2009 of Rajampara Forest Station, Ranny Forest Range. 2. The offences alleged against the petitioner are under Sections 27(1)(e)(iv) of the Kerala Forest Act, Section 9 read with Section 51 of the Wild Life Protection Act and Section 3 of the Arms Act. 3. The date of occurrence was on 26.8.2009. The accused persons were allegedly found inside the forest area. They were carrying a loaded gun. Gun powder and other accessories were also found. The accused persons were found in an autorickshaw. One person ran away. The unlicensed gun belongs to the petitioner. 4. The petitioner apprehends arrest and therefore, he has moved this application for anticipatory bail. 5. Taking into account the facts and circumstances of the BA No.5745/2009 2 case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl