IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Bail Appl..No. 3590 of 2009() ------------------------------------ O.R.NO. 1/2009 OF PADAM FOREST STATION IN NADAVATHUMOOZHY RANGE ......................... ACCUSED 1 & 3: ----------------------- 1. THULASEEDHARAN, S/O. SRINIVASAN, VRINDAVANAM VEEDU, PADAYANIPARA, PADOM, KALANJOOR VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT. 2. BINU, S/O. SIVASANKARAN, BAIJU BHAVAN, PADAYANIPARA, PADOM, KALANJOOR VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI. B. MOHANLAL PETITIONERS/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE FOREST RANGE OFFICER, NADAVATHUMOOZHY RANGE IN PADOM FOREST STATION, KONNI, PATHANAMTHITTA DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3590 of 2009 ------------------------------------ Dated this the 27th day of July, 2009 O R D E R This is an application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused Nos. 1 and 3 in O.R. No. 1/2009 of Padom Forest Station in Nadavathumoozhy Range. 2. The offences alleged against the petitioners are under sections 2, 9, and 51(1) of the Wild Life Protection Act and Section 27 (1) (e) (iv) of the Forest Act. 3. The prosecution case is that on getting information that meat of a Wild Pig was kept in the house of the first accused, the Forest Officials in the presence of local Panchayath Member went to the house of the first accused. The third accused who was available there in the house, ran away. The first accused was not there. A quantity of 6 Kg of cooked meat, 3 Kg of boiled meat and 1 ½ Kg of dried meat were found in the house. The Officials say that the meat is that of a Wild Pig. They have collected the samples and sent same for expert opinion. The report is not B.A.No. 3590/2009 2 received. The case of the petitioners is that for a function in the house, meat was purchased from the market and it was being cooked. According to the prosecution, The wife of the first accused gave a statement, which would indicate that she was told by the first accused that the meat that of a Wild Pig. The petitioners denied such statement having been made by the wife of the first accused. It is stated that under the threat of making her an accused, her thump impression was obtained in a blank paper. It is not necessary to arrive at any conclusion on the above aspects in the Bail Application. 4. The learned Public Prosecutor vehementally opposed the bail application. 5. Taking into account the facts and circumstances of the case, I am of the view that Anticipatory Bail can be granted to the petitioners on conditions. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; B.A.No. 3590/2009 3 B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln