IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6765 of 2009() ------------------------------------- O.R.NO. 32/2009 OF PARIYARAM FOREST RANGE, THRISSUR DISTRICT ............................... APPLICANT/ACCUSED NO.11: ------------------------------------------- MUHAMMED MAHAZEEN, S/O. ASHRAF, SUHARAS HOUSE, KUZHIYALA DESOM, THALASSERY. BY ADVS. SRI.P.VIJAYA BHANU & SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE FOREST RANGE OFFICER, PARIYARAM FOREST RANGE. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6765 of 2009 ------------------------------------ Dated this the 19th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.11 in O.R.No.32/2009 of Pariyaram Forest Range, Thrissur District. 2. The offences alleged against the petitioner are under Sections 2(5), 2(11), 9, 39, 50 and 51 of the Wild Life Protection Act. 3. The prosecution case is that on 03.11.2009, the accused persons were found dealing with a quantity of 895 grams of snake poison. It was intended to be sold to one Sabna in Kollam for Rs.1,10,00,000/- (Rupees one crore and 10 lakhs only). The petitioner was arrested on 06.11.2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is aged 19 years only and he is a student. The counsel also submitted that a lenient approach requires to be made in the case of the petitioner. B.A. No. 6765 of 2009 2 5. The petitioner belongs to Thalassery. He is studying in Kozhikode. The offence was committed at Chalakudy. The records prima facie reveal that he actively participated in the commission of the Crime. The details collected during investigation would reveal the complicity of the petitioner in the offence. 6. The investigation is at the initial stage. If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. The offence alleged is a very serious one. In the facts and circumstances of the case, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln