IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 3938 of 2008() ----------------------------- O.R.5/2008 OF PLACHERI FOREST STATION UNDER FOREST RANGE, ERUMELY PETITIONER/ACCUSED: -------------------------------------- MATHEW KURUVILA, S/O.K.C.KURUVILA, KOLLAMPARAMBIL HOUSE, KARAPPUZHA, KOTTAYAM DISTRICT. BY ADV. SRI.K.M.VARGHESE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIVISIONAL FOREST OFFICER, KOTTAYAM. 3. FOREST RANGE OFFICER, ERUMELY. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3938 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to prosecution, two skull of Sambar Deer with hones (trophies) figuring in Schedule III of the Wild Life Protection Act were seized from the house of petitioner and a case was registered against him under sections 2(2), 16(c), 39(b) and 49(b) of Wild Life (Protection) Act. 3. Learned counsel for petitioner submitted that petitioner has not committed any offence. This article was kept by his grandfather while he was working as an Office Superintendent under the Travancore Tea Estate. Petitioner filed a writ petition as W.P.(C) no.29273/2008 challenging the proceedings in this case and a stay of entire proceedings in this case was granted. 4. Learned Public Prosecutor made it clear that in view of the stay order, petitioner will not be arrested and that any further proceedings by the forest officials will have subject to the order BA 3938/08 -2- to be passed by the Court in the writ petition. Therefore, at present there is no apprehension of arrest. Hence, no ground exists to grant anticipatory bail. This petition is disposed of accordingly. K.HEMA, JUDGE. mn.