IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 2453 of 2009() --------------------------------------- O.R.NO. 1/2008 OF GURUNATHANMANNU FOREST STATION .................... PETITIONER/3RD ACCUSED: ------------------------------------------ ANIMOON @ PODIMO0N AGED 29 YEARS, S/O. VELU, PARANKIMAVILAPUTHEN VEEDU, EDATHARA, PADAM, KALANJOOR VILLAGE. BY ADVS. SRI. K. SHAJ & SRI. SAJJU.S RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2453 of 2009 ------------------------------ Dated this the 11th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in O.R. No.1/2008 of Gurunathanmannu Forest Station. 2. The offences alleged against the petitioner are under Sections 27 (1) (e) (IV) of the Kerala Forest Act and Section 2 (16) and 9 of the Wild Life Protection Act. 3. The prosecution case is that on 28.04.2008 at I A.M., the accused persons, three in number, were found inside the Konni Reserve Forest with a gun, head lights and other accessories used for killing/cutting of Wild Animals. Accused Nos. 1 and 2 were arrested on the spot. The third accused ran away. 4. It is stated that the third accused is a daily waged watcher in Ookkenthodu Forestry Plantation. 5. The third accused is a person who is bound to protect B.A. No. 2453 of 2009 2 Forest wealth. In this case, he is alleged to have involved in Forest Offence. Such a person is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln