IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2978 of 2009()
1. NADIRSHA, AGED 60,
... Petitioner
2. SUBHASH, S/O.KRISHNAN KUTTAPPAN,
3. AMEER, S/O.KUTTIYANI,
4. BHUVANACHANDRAN, S/O.KATHIRANKANI,
Vs
1. STATE, REP. BY THE FOREST RANGE OFFICER,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.C.KHALID
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.2978 of 2009
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Dated this the 9th day of June, 2009
ORDER
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioners are the accused Nos.2 to 5 in
O.R.No.12 of 2009 of Anchal Forest Range, Kollam.
2. The offence alleged against the petitioners are under Sections
2(16) and 2(36)(g) read with Section 5 of the Wild Life Protection Act.
3. The petitioners were arrested on 13.5.2009 and they are in
judicial custody. The learned Magistrate dismissed the Bail Application
as per the order dated 26th May 2009. The learned public prosecutor
submitted that the investigation is in progress. The order passed by
the court below would indicate that the custody of the accused was
given to the Investigating Agency and that they were interrogated.
4. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the petitioners,
the nature of the offence and the present stage of investigation, I am
of the view that bail can be granted to the petitioners.
5. The petitioners shall be released on bail on their executing
bond for Rs.50,000/- each with two solvent sureties for the like
BA No.2978/2009 2
amount to the satisfaction of the Judicial Magistrate of the First
Class-II (Forest Offences), Punalur, 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, till the final
report is filed or until further orders;
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 as above.
K.T.SANKARAN,
JUDGE
csl
BA No.2978/2009 3
K.T.SANKARAN,
JUDGE
csl
BA No.2978/2009 4