The decision illustrates the court's discretion in granting anticipatory bail based on individual circumstances and nature of the alleged offence.

O R D E R

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure . The petitioners are accused Nos.10,9 and 12 respectively in O.R. No.6/2009 of Kanhirapuzha Range Office, Malappuram.

2. The offences alleged against the petitioners are under Section 2(1)(16)(20)(35)(36)(37), Section 9, 39, 39(d), 48(b)

(i), 49 A, 49B, 50, 51 and 57 of the Wild Life (Protection) Act.

3. The prosecution case is that on 23/7/2009, the accused persons shot dead an Indian bison from the forest area.

4. The learned counsel for the petitioners submitted that the petitioners are innocent and they are not involved in the offence. The learned Public Prosecutor submitted that accused Nos.9 and 10, Shyju and Sajeesh respectively, who are petitioners 2 and 1 in this Bail Application, were actively involved in the hunting. The position of accused No.12 (Subramanian) is different. The allegation is that he purchased the meat. He also helped the other accused in cleaning the meat of the dead animal.

5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I do not think that petitioners 1 and 2 (Sajeesh and Shyju) are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure . However, I am of the view that the 3rd petitioner (Subramanian- accused No.12) can be granted anticipatory bail in the facts and circumstances of the case. Accordingly, there will be a direction that in the event of arrest of the 3rd petitioner (Subramanian- accused No.12), the officer concerned shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

A) The 3rd petitioner (Subramanian- accused No.12)

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

B) The 3rd petitioner (Subramanian- accused No.12)

shall appear before the investigating officer for interrogation as and when required;

C) The 3rd petitioner (Subramanian- accused No.12)

shall not try to influence the prosecution witnesses or tamper with the evidence.

D) The 3rd petitioner (Subramanian- accused No.12)

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 to the extent indicated above, in so far as it relates to the 3rd petitioner. The Bail Application is dismissed in respect of the prayer made by petitioners 1 and 2.

K.T. SANKARAN, JUDGE

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