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.
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B.A.No.5745 of 2009
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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
