IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1865 of 2008() ----------------------------- O.R. 5/08 OF KODANADU RANGE PETITIONER --------------------------- FR.THOMAS POOVELICKAL RECTOR, DONBOSCO, VADUTHALA. BY ADV. SRI.K.B.GANGESH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. RANGE OFFICER, KODANADU DIVISION. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1865 OF 2008 ```````````````````````````````````````````````````` Dated this the 25th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner is said to be the Head of the Don Bosco institutions at Vaduthala. In the premises of that establishment, several pets - wild animals, were allegedly found available. On receipt of discreet prior information, the Wild Life officials went to the scene of the crime and verified the alleged facts. The animals were taken into custody. Crime was registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He had no contumacious intention whatsoever. He was not the one keeping the animals in his possession. At any rate, he may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the BA.1865/08 : 2 : application. Subject to appropriate terms and conditions, anticipatory bail can be granted to the petitioner, concedes the learned Public Prosecutor. 4. I am satisfied, in the facts and circumstances of the case, that anticipatory bail can be granted to the petitioner herein. Appropriate conditions can also be imposed. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 1.4.2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 1 p.m on 2.4.2008 and 3.4.2008 and thereafter as and BA.1865/08 : 3 : when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 1.4.2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 1.4.2008. (R.BASANT, JUDGE) aks