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Saji vs State Of Kerala on 12 October, 2009

Kerala High Court
Saji vs State Of Kerala on 12 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5745 of 2009()


1. SAJI, PARANGAAMMOOTIL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :12/10/2009

 O R D E R
                       K.T.SANKARAN, J.
                 ---------------------------------------------
                        B.A.No.5745 of 2009
                 ---------------------------------------------
            Dated this the 12th day of October, 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 OR No.6 of 2009 of Rajampara Forest Station,

Ranny Forest Range.

2. The offences alleged against the petitioner are under

Sections 27(1)(e)(iv) of the Kerala Forest Act, Section 9 read

with Section 51 of the Wild Life Protection Act and Section 3 of

the Arms Act.

3. The date of occurrence was on 26.8.2009. The

accused persons were allegedly found inside the forest area.

They were carrying a loaded gun. Gun powder and other

accessories were also found. The accused persons were found in

an autorickshaw. One person ran away. The unlicensed gun

belongs to the petitioner.

4. The petitioner apprehends arrest and therefore, he

has moved this application for anticipatory bail.

5. Taking into account the facts and circumstances of the

BA No.5745/2009 2

case, the nature and gravity of the offence and the allegations

levelled against the petitioner, I do not think that the petitioner

is entitled to get the discretionary relief under Section 438 of the

Code of Criminal Procedure.

The Bail Application is accordingly dismissed.

K.T.SANKARAN,
JUDGE
csl

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