IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6163 of 2009() ----------------------------- OR NO.7/08 OF EDAVANNA FOREST RANGE PETITIONER : ACCUSED ------------------------------ MR.ASKER ALI, AGED 34 YEARS, S/O.ABUBAKER, PARATHODIKA HOUSE, KOORADU, CHOLAKKAL, MALAPPURAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PORSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, EDAVANNA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6163 of 2009 --------------------------------------------- Dated this the 3rd day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in O.R.No.7 of 2008 of Edavanna Forest Range. 2. The offences alleged against the petitioner are under Section 27(1)(e)(iv) of the Kerala Forest Act and Sections 2(16), 2(35), 49, 50, 51 and 52 of the Wild Life Protection Act. 3. The prosecution case is the following: On 28.10.2008, at 2 A.M., the accused persons armed with gun and other accessories were found inside the forest area lying in between 2004 and 2005 teak plantations at Annunda-Maruthankadavu within the limits of Akambadam Forest Station. The forest officials at first disarmed the accused and took possession of the gun. By that time, the accused persons ran away. The gun, chappals and a mobile phone were seized. On inspection of the sim card of the mobile phone, it was revealed that it belongs to Aboobacker. The petitioner, Asker Ali @ Nani, is the son of Aboobacker. During investigation, it was revealed that though BA No.6163/2009 2 the mobile phone belonged to Aboobacker, it was being used by Asker Ali @ Nani. In the mobile phone, certain photographs were seen which would also show the complicity of the accused in the forest offences. Aboobacker was arrested. In October, 2008, the petitioner tried to leave the country using a fake passport. That attempt was foiled. It is stated that the petitioner is involved in other forest offences. The petitioner is an accused in O.R.No.2 of 2008 of Nilambur Forest Range. 4. The offences alleged against the petitioner are grave in nature. The facts and circumstances would show that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would affect the smooth and proper investigation of the case. Custodial interrogation would be necessary, in the facts and circumstances of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl