IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4256 of 2009() ----------------------------- O.R.NO.6/09 OF KANJIRAPUZHA FOREST RANGE PETITIONER/ACCUSED: ----------------------------------- KOYAKUTTY V., S/O. MOIDEENKUTTY, VATTASSERY HOUSE, THIRUVALI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE ------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE FOREST RANGE OFFICER, KANJIRAPUZHA FOREST RANGE, POTHUKAL, MALAPPURAM DISTRICT - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, ALONG WITH B.A.NO.4257/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.4256 & 4257 of 2009 --------------------------------------------- Dated this the 3rd day of August, 2009 ORDER Bail Application No.4257 of 2009 is filed by accused Nos.1 and 2 in O.R.No.6 of 2009 of Kanjirapuzha Forest Range. Bail Application No.4256 of 2009 is filed by accused No.6 in the same O.R. These Bail Applications are filed by the respective accused persons under Section 438 of the Code of Criminal Procedure for anticipatory bail. 2. The prosecution case is that on 23.7.2009, on getting information that the accused persons are dealing with meat of the wild animal shot dead from the reserve forest, the forest officials proceeded to the house of first accused. They saw an autorickshaw parked nearby the house. One person ran away from the autorickshaw. It is stated that he is the sixth accused. On a search in the house of the first accused, they could find 25 kgs. of partially cooked meat of the wild animal. They also seized a battery case, head light, chopper, cartridge of gun etc. In a shed in the neighbouring rubber plantation of the third accused, the forest officials found an unlicensed gun which BA No.4256 & 4257/2009 2 allegedly belongs to the third accused. Accused No.2 is the son of accused No.3. 3. The offences alleged against the petitioners are under Sections 2(1), 2(16), 2(20), 2(35), 2(36), 2(37), 9, 39, 39(d), 48(b)(i), 49A, 49B, 50, 51 and 57 of the Wild Life Protection Act. 4. Learned counsel for the petitioners submitted that there is nothing to connect the petitioners with the offence. It is also submitted that the petitioner in Bail Application No.4256 of 2009 is an autorickshaw driver and there is no case that he entered into the reserve forest or shot dead any wild animal. 5. The allegations against accused Nos.1 and 2 are that they are the persons who shot dead the wild animal which according to the prosecution was a Samba deer. But, there is no such allegation as against accused No.6 (Koyakutty). 6. Taking into account the facts and circumstances of the case, I am of the view that the petitioners in Bail Application No.4257 of 2009 (Joy and Ajaya Ghosh) are not entitled to get anticipatory bail. The case of accused No.6 (Koyakutty) stands on a different footing. In the facts and circumstances of the case, I am of the view that he is entitled to get anticipatory bail. BA No.4256 & 4257/2009 3 For the aforesaid reasons, Bail Application No.4257 of 2009 is dismissed. Bail Application No.4256 of 2009 is allowed. There will be a direction that in the event of the arrest of the sixth accused (Koyakutty), the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Accused No.6 shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) Accused No.6 shall appear before the investigating officer for interrogation as and when required; c) Accused No.6 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Accused No.6 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. K.T.SANKARAN, JUDGE csl