Bail Application No.584 of 2010 is filed by Accused Nos.1 to 4 in O.R.No.1 of 2010 of Vallakadavu Forest Range, Idukki District, while B.A. No.690 of 2010 is filed by Accused Nos.5 to 8 therein. The applications are filed under Section 439 of the Code of Criminal procedure.

2. The offences alleged against the accused are under Sections 2, 9, 39, 42, 44, 49, 49 B, 50, 51 and 57 of the Wild Life Protection Act.

3. The prosecution case is the following: On getting intelligence information that a leopard skin was being transported in the Jeep bearing registration number KL 02 C 6072, on 23-1-2010, Mundakkayam Forest Flying squad arrested accused Nos.1 to 4 (Ratheesh, Shamnad alias Sadique, Asokan and Afsal) while they were transporting a leopard skin. Apart from the leopard skin, a G.P.S. film rolls, batteries etc. were also found in a bag kept in the jeep.

4. Further investigation revealed that the leopard was trapped by accused Nos.1 and 5 to 8 by using a cable. The trap was laid by them near a trench in Rattington Valley Reserve in Periyar Tiger Reserve. On finding that a leopard was trapped, they killed the same by pelting heavy stones. The leopard was then kept concealed. Later, the skin was removed. They also cooked the meat of leopard. But the meat was not tasty and therefore, it was thrown away. The carcass of leopard was disposed of by them. The skin was dried and kept.

5. Accused No.1, Ratheesh, was working as a temporary Mazdoor worker of Vallakkadavu Forest Range. He was entrusted with the duty of tiger monitoring also. Accused No.5, Ramesh, is the elder brother of accused No.1. Accused Nos.6, 7 and 8 (Biju, Baiju and Shaiju) are the neighbours of accused No.1. Accused No. 6 Biju was working as a Fire watcher of Periyar West Division at Pampa. Accused No.7 Baiju was working as a watcher of Vallakkadavu Forest Check post.

6. The taxi jeep driven by Accused No.3 Asokan was hired by Accused No.1. Accused No.4 Afsal was also in the jeep. Afsal is the son of the owner of the taxi jeep. It would appear that the jeep was taken in auction from Marayoor a few weeks before the date of incident. Prima facie, it would appear that Asokan and Afsal were not aware of the transportation of tiger skin. The jeep was hired by the first accused. It is alleged that the

second accused Shamnad alias Sadique wanted to purchase the tiger skin.

7. From the Case Diary, it is revealed that the second accused had met with a road traffic accident two years ago in which he sustained severe injuries. Even now, he has urinary problems and he uses urine bags.

8. Accused Nos. 1 to 4 were arrested on 23-1-2010, while accused Nos. 5 to 8 were arrested on 27.1.2010. They are in judicial custody.

9. The offences leveled against the accused are grave in nature. The offence was committed inside the reserve forest and in the tiger reserve. A leopard, a rare species of wild animal, was trapped by them. They killed the leopard, collected its skin and tried to sell it. Accused Nos. 1, 6 and 7 are temporary workers in the Forest Department. That makes the offence graver. They are bound to protect the forest and the wild life. Their duty to protect wild life is greater that of any other citizen.

10. Every citizen has a duty to protect wildlife. Article 51-A of the Constitution of India enshrines the fundamental duties of citizens. Article 51-A (g) provides that it shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. Offences under the Wild Life Protection Act are to be viewed very seriously – even while dealing with the Bail Applications filed by the accused who are involved in grave offences under the Wild Life Protection Act. Each case has to be considered in the light of the facts and circumstances of the case. Recently, offences under the Wild Life Protection Act is on the increase. It is reported that Barn owl (“Velli moonga”)