IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Bail Appl..No. 1381 of 2009() ----------------------------- O.R.NO.21 OF 2008 OF KALPETTA FOREST RANGE AGAINST THE JUDGEMENT/ORDER IN BA.6885/2008 Dated 19/11/2008 .................... PETITIONER: -------------------- SUNIL KUMAR, AGED 32 YEARS, S/O.VASUDEVAN, ELANJICKAL HOUSE, KOLERI P.O., VALANCHERY, WAYANAD DISTRICT BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE RANGE OFFICER, KALPETTA FOREST RANGE, KALPETTA, WAYANAD DISTRICT. 3. THE RANGE OFFICER, MOONNANKUZHI FOREST RANGE, WAYANAD DISTRICT. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.1381 of 2009 =============================== DATED: 16.03.2009 O R D E R Petitioner who is the accused in O.R No.21 of 2008 of Kalpetta Forest Range for offences punishable under Secs.2(2), 2(16(a)(c), 2(31) (a), 2(36(a), 39(1)(a)(b)(d), 44(1)(a)(b), 49(B)(iii), 50(1)(a), & 51 of the Wild life Protection Act, 1972 and Section 27(1)(c)(iv) of the Kerala Forest Act, seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on any day between 20.03.09 and 24.03.09 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj