IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7622 of 2008(A) ------------------------------------------ (CR.22/08 OF PALODE FOREST RANGE, THIRUVANANTHAPURAM) .................... PETITIONERS/ACCUSED 2 TO 8: ----------------------------------------------- 1. BABUKUTTAN @ AYYAKUTTY, S/O.DAMODARAN, AGED 50, COOLIE, PAYYATTADI THOTTINKARA VEEDU, NANNIYODU, PACHA PALODE, NEDUMANGAD TALUK (A2) 2. ASOKAN @ AMBILI, S/O.RAJAPPAN, AGED 46, COOLIE, KOVILKONAM THADATHARIKATHU VEEDU, -DO- -DO- (A3). 3. ANIL KUMAR @ LALU, S/O.PANKAJAN, AGED39, COOLIE, PAYYATADI THOTTINKARA VEEDU -DO- -DO-(A4) 4. BIJUKUMAR, S/O.THAMPI, AGED 35, KUZHIVILA VEEDU, PAYYATTADI, NANNIYODU -DO- -DO- (A5) 5. RAJESH, S/O.GOPINATHAN, AGED 29,PAINTER, PAYYATADI THADATHARIKATHU VEEDU, -DO- -DO- (A6) 6. SATYAN, S/O.NANU, AGED 46, COOLIE, PAYYATTADI, PARAMUGAL PUTHEN VEEDU, -DO- -DO- (A7) 7. SUDHAN, S/O.PRABHAKARAN, AGED 44, PACHAKADU LAKSHOM VEEDU, PAYYATTADI, -DO- -DO- (A8). BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR. RESPONDENT: --------------------- THE RANGE OFFICER, PALODE FOREST RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7622 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 9, 39 and 51 of Wild Life Protection Act. According to prosecution, 1st accused kept a snare in the property of 3rd accused to trap wild animal and wild pig was trapped. Meat was shared by accused 1 to 9 and thereby they committed the offences. 3. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. They were implicated in the offence only on the basis of a confession statement given by 3rd accused. They have not committed any offence and there is no evidence against them. Learned counsel for petitioners also submitted that though alleged offence is committed on 23-10-2008, co-accused was arrested only on 5-11- 2008 and petitioners are implicated for the offence at a highly belated stage. Therefore, anticipatory bail may be granted, it is submitted. BA 7622/08 -2- 4. This petition is strongly opposed. Learned Public Prosecutor submitted that only the 3rd accused could be arrested so far in whose property the snare was kept and wild pig was trapped. It is revealed, on investigation, that 1st accused (petitioner) is the person who kept the snare and investigation is going on and as per investigation, petitioners have shared the meat and committed the offences jointly with other accused. 5. On hearing both sides, I am satisfied that considering the serious nature of offence, it is not a fit case to grant anticipatory bail at this stage. The investigation is going on and no special circumstances are pointed out to invoke provision under section 438 Cr.P.C.. Even if three is only a confession statement of 3rd accused, at this stage, the investigation is in progress and hence, the sole fact that it is on the basis of confession statement alone that petitioner is sought to be arrested cannot be made a ground to grant anticipatory bail. 6. Crime was registered as early as on 23-10-2008 and petitioners are required for the purpose of investigation. Hence, petitioners are directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether they BA 7622/08 -3- surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction this petition is dismissed. K.HEMA, JUDGE. mn.