IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 6406 of 2011 O.R.NO.8 OF 2011 OF MURINJAPUZHA FOREST STATION, IDUKKI. PETITIONER/ACCUSED NO.2 ------------------------------------------- NJANAYYA,S/O.NJANAYYA,LMS DIVISION, GLEN MARY ESTATE,PEERUMEDU, IDUKKI DISTRICT. BY ADV. SRI.SABU S.KALLARAMOOLA SRI.S.NIDHEESH RESPONDENT: STATE -------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6406 of 2011 ------------------------------------------------------ Dated this the 24th day of August, 2011 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.2 in O.R. No.8 of 2011 of Murinjapuzha Forest Station, Idukki District. 2. The offences alleged against the petitioner are under Sections 2(16)(c), 2(20) 2(36), 9 and 51 of the Wild Life Protection Act. 3. The prosecution case is that the accused persons utilized the meat of a barking deer which was killed by wild dogs. 4. When the Bail Application came up for admission on 11th August, 2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of Bail Appl. NO.6406 of 2011 :: 2 :: granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th and 19th August, 2011. 5. Post on 24th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with O.R.No.8 of 2011 of Murinjapuzha Forest Station, Idukki District, till 26th August, 2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 11th August, 2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that Bail Appl. NO.6406 of 2011 :: 3 :: the direction in the order dated 11th August, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner 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/