IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 5745 of 2011 O.R.NO.10 OF 2011 OF ALATHUR FOREST RANGE, NENMARA DIVISION, PALAKKAD DISTRICT. PETITIONERS: ACCUSED NOS.1 AND 2: -------------------- 1. K.BHARATHAN, AGED 36 YEARS, S/O.BALAKRISHNAN NAIR, MULLAPPILLIL HOUSE, POONKUNNAM P.O., THRISSUR. 2. AYYAPPAJYOTHI MUTHU NAIR @ KUMARAN NAIR, AGED 93 YEARS, KALIKULAMBU VEEDU, KIZHAKKANCHERRY, VADAKKENCHERRY, PALAKKAD DISTRICT. BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE ADVOCATE SRI.P.K.VIJAYAMOHANAN SRI. ALAN PAPALI SRI.GILBERT GEORGE CORREYA RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA (OR NO.10/2011 OF ALATHUR FOREST RANGE, NENMARA FOREST DIVISION, PALAKKAD DISTRICT) REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5745 OF 2011 ------------------------------------------------------ Dated this the 28th day of September, 2011 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.1 and 2 in O.R. No.10 of 2011 of Alathur Forest Range, Nenmara Division, Palakkad District. 2. The offences alleged against the petitioners are under Rules 8(1) and 10(a) (b) (c) and (d) of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the BAIL APPL. NO. 5745 OF 2011 :: 2 :: officer in charge of the police station shall release them on bail on their executing bond for Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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. (K.T.SANKARAN) Judge ahz/