IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6134 of 2008() ----------------------------- CRMP.2861/2008 of DISTRICT COURT, PALAKKAD .................... O.R.NO.4/2008 OF NELLIYAMPATHY FOREST RANGE PETITIONER (S): ACCUSED --------------------------- VEERAYYA, S/O. MARIMUTHU TEVAR, AGED 46 YEARS, SUPERVISOR, POTHUPARA DIVISION, MANALAROOR ESTTE, NALLIYAMPATHY, PADAGIRI.P.O. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE RANGE OFFICER, NELLIYAMPATHY FOREST RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6134 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 2(2), 2(16), 2 (31)(b), 9(39)(b) &(d), 40(2B), 49(A) & (B), 50 and 51 of the Wild Life Protection Act, 1972. According to prosecution, on 17-8-2008 at about 8 p.m. forest officials intercepted a lorry and on search two sacks of handicraft materials manufactured by the stems of coffee plants and three horns of deer were found. There were three persons in the vehicle and they were arrested and questioned and they revealed that those were sent by petitioner to be handed over to his son. Petitioner is a Supervisor in an estate at Nelliyampathy. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He had no reason to hand over any article to any person to be transported from one estate to other. He has absolutely no connection with the lorry which was intercepted. Petitioner is a Supervisor in an estate and the only evidence to connect him with the crime is alleged confession statement. Recovery of the article is already effected. Therefore, petitioner may not be required for investigation. BA 6134/08 -2- 4. This petition is opposed. Learned Public Prosecutor submitted that interrogation of petitioner is required for revealing the source of the article, etc. Therefore, it may not be proper to grant anticipatory bail in an offence of this nature, it is submitted. 5. On hearing both sides, on consideration of the nature of the allegations made and the nature of investigation required, I do not think it fit to grant anticipatory bail. The incident happened as early as on 17-8-2008 and petitioner could not be arrested so far. 6. Hence, petitioner is directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.