IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 7499 of 2008(E) ------------------------------------- OR NO.8/2008 OF KARIKULAM FOREST STATION PETITIONER/ACCUSED : ----------------------------- VARGHESEKUTTY AGED 48 YEARS, S/O.PATHROSE, THEPPUKALLUMKAL HOUSE, PRAKKANAM MURI, CHENNEKKARA VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT/STATE : --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------- B.A. No.7499 OF 2008 ---------------------------------- Dated this the 11th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 9, 2(16)b of Wild Life Protection Act, 1972, Rule 3 and Rule 49 of Wild Life (Transaction and Taxidermy) Rules, 1973. According to prosecution, petitioner has caged a white monkey and it was deteced by the forest official on 20.04.2008. The animal was taken into custody and a crime is registered against petitioner. 3. Learned counsel for petitioner submitted that petitioner had no intention to commit any offence. Petitioner has never captured or hunted any animal. He found a white monkey with the nomaders and he purchased the same from them and it was being brought up in the house. The animal was taken away by the officials. Petitioner will not commit any offence hereafter against the animal. He may be granted anticipatory bail, it is submitted. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions : B.A.No.7499 of 2008 2 Hence, the following order is passed : Petitioner shall surrender before the Magistrate court concerned within seven days from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the Investigating Officer as and when directed. ii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac