IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4358 of 2008()
1. RAJAN,S/O KUNJAN, BLOCK NO.1059,
... Petitioner
2. REJI THOMAS, S/O THOMAS, EMMANUEL
Vs
1. STATE OF KERALA THROUGH THE FOREST
... Respondent
For Petitioner :SRI.ANCHAL C.VIJAYAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/08/2008
O R D E R
K.HEMA, J.
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B.A. No.4358 OF 2008
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Dated this the 4th day of August, 2008
O R D E R
This petition is for anticipatory bail.
2. A crime was registered under Sections 9, 39 and 51 of
the Wild Life (Protection) Act, 1972. According to the
prosecution, 3 persons hunted a wild pig and on getting
information relating to the offence, the Forest Range Officer
proceeded to the property of the 2nd accused and found the meat
of a wild pig. The further allegation is that the meat was shared
by 3 persons and all of them are implicated as accused in this
case.
3. Petitioners are accused nos.2 and 3. Learned Counsel
for the petitioners submitted that there is nothing in the mahazar
to show that the petitioners were involved in hunting. He also
pointed out that no weapon was seized from the possession of
the petitioners or from the house, though a search was
conducted by the Forest Range Officer. The meat must have been
abandoned by somebody in the property of the 2nd accused which
B.A.4358/2008
2
was kept open and petitioners cannot be fastened with any
liability for the meat so found, it is submitted.
4. This petition is opposed. The anticipatory bail
application filed by the 1st accused was dismissed by this Court.
The meat was found in possession from the property of the 2nd
accused who is one of the petitioners. It is also submitted by the
learned Public Prosecutor that the case diary shows the
statement of the witness who revealed that the petitioners were
engaged in cutting the dead body of a wild pig from the property
of the 2nd accused. The petitioners are required for custodial
interrogation in the facts and circumstances of this case.
On hearing both sides, considering the nature of offence
committed, I find that granting of anticipatory bail will stand in
the way of an effective investigation and also from being
interrogated in the custody of the police. Hence it is not a fit case
to grant anticipatory bail.
The petition is dismissed.
K.HEMA, JUDGE
pac