IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 6564 of 2011() ----------------------------- O.R.No.14 OF 2011 OF KARIKULAM FOREST STATION RANNY RANGE OFFICE, PATHANAMTHITTA DISTRICT PETITIONER/ACCUSED: --------------------- SURESH BABU, AGED 49 YEARS, S/O.VASAVAN, PUTHEN VEEDU, RAMANCHIRA, THUMPAMAN NORTH, MEZHUVELI VILLAGE, KULANADA. BY ADV. SRI. K.SHAJ RESPONDENTS: STATE: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-31. 2. RANGE OFFICER, KARIKULAM FOREST STATION IN RANNY RANGE OFFICE, PATHANAMTHITTA DISTRICT-689 672. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6564 of 2011 ---------------------------------------------- Dated this the 10th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in O.R.No.14 of 2011 of Karikulam Forest Station, Ranny Range Office, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 39(1)(a), 50(a) and 51 of the Wild Life Protection Act. 3. When the Bail Application came up for admission on 24/10/2011, the following order was passed: 3. The prosecution case is that on 04/08/2011, information was received that meat of a wild animal was stored in the house of the petitioner. 10 Kgs. of meat was seized. It is alleged that it is a meat of a game animal. However, till now it is not clear as to meat of which animal was found. The learned Public Prosecutor submitted that the Investigating Officer is awaiting an expert report on that aspect. 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering Bail Appln.No.6564/2011 : 2 : the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 02/11/2011 and 03/11/2011. 5. Post on 10/11/2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with O.R.No.14 of 2011 of Karikulam Forest Station, till 12/11/2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 24/10/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 24/10/2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand Bail Appln.No.6564/2011 : 3 : only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:- a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj