IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 197 of 2008() ---------------------------- CRIME NO.4/08 OF FEROKE POLICE STATION : PETITIONER/ACCUSED ----------------------------------- A.P.SAJEENDRAN, S/O.RAMAN, ATHRAPULIKKAL HOUSE, P.O.KADALUNDI, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.197 of 2008 ------------------------------------- Dated this the 15th day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations under Section 473 I.P.C as also under the provisions of the Wild Life Protection Act. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even if the allegations under Section 473 I.P.C were accepted, the same is only a bailable offence, points out the learned counsel for the petitioner. The learned counsel for the petitioner further submits that the allegation under the Wild Life Protection Act has been raised in respect of the stuffed head of a `Kalaman' (deer) which is very old. Presence of that cannot at all indicate that the petitioner hunted any animal recently, it is submitted. The said article recovered is more than 80 years old, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail and I am satisfied, in the facts and B.A.No.197 of 2008 2 circumstances of the case, that anticipatory bail can be granted to the petitioner subject of course to appropriate terms and conditions. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 22.01.2008. He shall be enlarged on regular bail on his executing a bond for Rs.50,000/- (Rupees Fifty 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 3 p.m on 23.01.2008. On that day the investigating officer shall be at liberty to interrogate the petitioner in custody and take necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so; B.A.No.197 of 2008 3 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 22.01.08 as directed in clause (1) above, 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 22.01.08. (R.BASANT, JUDGE) rtr/-