High Court Kerala High Court

Ajayakumar vs The Forest Range Officer on 11 June, 2009

Kerala High Court
Ajayakumar vs The Forest Range Officer on 11 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3086 of 2009()


1. AJAYAKUMAR, S/O.SATHYAVRETHAN,
                      ...  Petitioner

                        Vs



1. THE FOREST RANGE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.J.JAYAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :11/06/2009

 O R D E R
                          K.T.SANKARAN, J.
                      -----------------------------
                         B.A.No.3086 of 2009
                     -------------------------------
                Dated this the 11th day of June, 2009




                              ORDER

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is the first accused in O.R.No.12 of

2009 of Anchal Forest Range.

2. The offences alleged against the petitioner are under Sections

2(2), 2(16), 2(32), 2(33), 2(36), 2(37), 9, 39, 50, 51 and 52 of the

Wild Life Protection Act.

3. The prosecution case is that the accused persons, 5 in

number, were found in a suspicious manner on 13.5.2009 by the

Kadakkal police. Subsequently in the house of the first accused, two

wild tortoise and two wild owls were found. The petitioner was

arrested on 13.5.2009 and he is in judicial custody since then.

4. Taking into account the facts and circumstances of the case,

the duration of the judicial custody undergone by the petitioner, the

nature of the offence and the present stage of investigation, I am of

the view that bail can be granted to the petitioner.

5. The petitioner shall be released on bail on his executing bond

for Rs.25,000/- with two solvent sureties for the like amount to the

BA No.3086/2009 2

satisfaction of the Judicial Magistrate of the First Class-II (Forest

Offences), Punalur, subject to the following conditions:

a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays, till the final
report is filed or until further orders;

b) The petitioner shall appear before the investigating officer for
interrogation as and when required;

c) The petitioner shall not try to influence the prosecution witnesses
or tamper with the evidence;

d) The petitioner 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 as above.

K.T.SANKARAN,
JUDGE
csl