IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 5874 of 2010(F) ----------------------------------- (O.R.1/2010 OF ENNAKKAL FOREST STATION, EDAMALAYAR FOREST RANGE, ERNAKULAM DISTRICT) ........ PETITIONER(S) -------------------- 1. REGI, S/O.DEVASIA, AGED 35 YEARS, URAVANGACHALIL HOUSE, KOOVAPPARA P.O., KOOVAPPARA KARA, KOOVAPPARA VILLAGE, KOTHAMANGALAM TALUK. 2. JIJO, S/O.DEVASIA, AGED 28 YEARS, URAVANGACHALIL HOUSE, KOOVAPPARA P.O., KOOVAPPARA KARA, KOOVAPPARA VILLAGE, KOTHAMANGALAM TALUK. BY ADVS. SRI.RAINGE KODUVATH SRI.JOY C. PAUL RESPONDENT(S): -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5874 of 2010 ------------------------------------------------ Dated this the 4th day of October, 2010 ORDER The petitioners seek anticipatory bail in O.R.No.1 of 2010 of Ennakkal Forest Station (Edamalayar Forest Range) for an offence punishable under Section 51 of the Wildlife Protection Act, 1972. 2. The learned Public Prosecutor submitted that first petitioner is not an accused in the above crime. If so, the request for anticipatory bail of the first petitioner is misconceived and is accordingly disallowed. 3. In the case of the second petitioner anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the second 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 second petitioner shall surrender before the investigating officer on 18/10/2010 or on 19/10/2010 for the purpose of interrogation and recovery of incriminating material, if any. The second petitioner shall thereafter be produced before the Bail Appln.No.5874/2010 : 2 : Magistrate who on being satisfied that the second petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. In case there is no incriminating material against the second petitioner, the investigating officer shall submit a report to that effect before the Magistrate and release the second petitioner on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj