IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Bail Appl..No. 7703 of 2008() ----------------------------- CRMP.2409/2008 of DISTRICT COURT, KALPETTA O.R.NO.12/08 OF SULTHAN BATHERY FOREST RANGE PETITIONER: ACCUSED NO.6 -------------------------------- A.D. MANOJ KUMAR, S/O. DIVAKARAN, AVERTHUMKUDIYIL HOUSE, RESIDING AT MOOLANKAVU, NOOLPUZHA VILLAGE, SULTHANBATHERY TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE WILD LIFE WARDEN, SULTHANBATHERY FOREST RANGE. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7703 of 2008 ----------------------------------------- Dated this the 1st January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 2(1), (16), (20), (26), (32), (33), (35), (36), (37), (38), 9, 27, 31, 32, 34, 39, 50 and 51 of Wild Life Protection Act, 1972 and 27 and 52 of the Kerala Forest Act and 3 and 5 of the Arms Act. According to prosecution, accused 1 to 4 hunted from the reserved forest a spotted deer and its meat was shared among accused 1 to 7. Petitioner is the 6th accused. The incident occurred on 27.10.2008. 3. Learned counsel for petitioner submitted that even as per the allegations made by the prosecution, meat was handed over by other accused to 6th accused to be handed over to the 5th accused. 6th accused is the son of 5th accused and he has absolutely nothing to do with the offence. Therefore, he may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that the allegation is that the 6th accused has also shared the meat, but BA.7703/08 2 it is not correct to say that the meat was handed over to 6th accused to be given to his father, who is the 5th accused. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner and hence the following order is passed: Petitioner shall surrender before the Magistrate Court within seven days from today and he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. ii). Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.