Kerala High Court
Puthiyapurayil Muhammed Ali @ C.M.Ali vs State Of Kerla Represented By Public on 3 November, 2008
Author: K. Hema
Bench: K.Hema
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6643 of 2008()
1. PUTHIYAPURAYIL MUHAMMED ALI @ C.M.ALI
... Petitioner
Vs
1. STATE OF KERLA REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.HARISH R. MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/11/2008
O R D E R
K. HEMA, J.
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B.A. No. 6643 of 2008
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Dated this the 3rd day of November,2008
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 2(1), 2(15),2 (20), 2(30A), 2(36), 2(37), 9, 39, 42, 51 and 52 of Wild Life (Protection) Act, 1972. According to prosecution, a portion of "whale shark" was purchased by petitioner who is 1st accused in the crime. A portion of its flesh was seized from the shop of petitioner.
3. Learned counsel for petitioner submitted that petitioner is a dealer in dry fish and he only bought the flesh of a fish, without knowing whether it is a schedule fish or not. He had not committed any offence under the Wild Life (Protection) Act. Even prosecution, he had not hunted the fish and hence, anticipatory bail may be granted, it is submitted.
4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before Investigating Officer and subject to that ,he has no objection in granting anticipatory bail to petitioner. Learned Public Prosecutor also made it clear that petitioner stands on different footing than other accused.
5. Hence, the following order is passed:-
BA 6643/08 -2- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and in the event of his arrest, if any, he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on the following conditions:-
i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed.
ii) Petitioner shall co-operate with the investigation.
iii) He shall not commit any offence while on bail.
This petition is allowed.
K.HEMA, JUDGE.
mn.