The Court dismissed an application for anticipatory bail under Section 438 CrPC against a daily waged forest watcher alleged to have participated in forest offences under the Kerala Forest Act and Wildlife Protection Act.
The Bail Application was dismissed. The petitioner is not entitled to anticipatory bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 2453 of 2009() --------------------------------------O.R.NO. 1/2008 OF GURUNATHANMANNU FOREST STATION ....................
PETITIONER/3RD ACCUSED: ------------------------------------------
ANIMOON @ PODIMO0N AGED 29 YEARS, S/O. VELU, PARANKIMAVILAPUTHEN VEEDU, EDATHARA, PADAM, KALANJOOR VILLAGE. BY ADVS. SRI. K. SHAJ & SRI. SAJJU.S
RESPONDENT: -------------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SRI. V. TEKCHAND PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T. SANKARAN, J.
B.A. No. 2453 of 2009
Dated this the 11th day of August, 2009
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is accused No.3 in O.R. No.1/2008 of Gurunathanmannu Forest Station.
the accused persons, three in number, were found inside the Konni Reserve Forest with a gun, head lights and other accessories used for killing/cutting of Wild Animals. Accused Nos. 1 and 2 were arrested on the spot. The third accused ran away.
watcher in Ookkenthodu Forestry Plantation.
B.A. No. 2453 of 2009 2
Forest wealth. In this case, he is alleged to have involved in Forest Offence. Such a person is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure.
The Bail Application is accordingly dismissed.
K.T. SANKARAN, JUDGE
ln
1 issue framed by the court
Whether a daily waged watcher bound to protect forest wealth is entitled to anticipatory bail.
3 provisions across 3 enactments
ANIMOON @ PODIMO0N
STATE OF KERALA
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
