IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1170 of 2008() ----------------------------- O.R.NO.1/2008 OF EDAKKODU FOREST STATION, MALAPPURAM DISTRICT : PETITIONER/ACCUSED ----------------------------------- C.T.JOSEPH, AGED 71 YEARS, CHEMBAKASSERIL HOUSE, PULLIPPADAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY DEPUTY RANGER, EDAKKODU FOREST STATION, MALAPPURAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008 ALONG WITH B.A.NO.1185/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.1170 & 1185 of 2008 ---------------------------------------- Dated this the 27th day of February 2008 O R D E R These applications are for anticipatory bail. Petitioners are father and son-in-law. They reside separately. The crux of the allegations is that 1 Kg of raw wild pig meat was kept in his possession by the father-in-law, that is the petitioner in B.A.No.1170/08. He allegedly throw away the wild pig meat through the window when he finds forest officials coming to his place. He was not arrested. Crime has been registered against him. Investigation is in progress. The petitioner in B.A.No.1170/08 apprehends imminent arrest. 2. In B.A.No.1185/08, the son-in-law is proceeded against on the allegation that 1 Kg of cooked wild pig meat and 6 Kgs of raw wild pig meat were available in the premises. He was not available in the house. His wife explained to the forest officials that the meat was delivered by some other person. The petitioner in B.A.No.1185/08 also apprehends imminent arrest. 3. The learned counsel for the petitioners submits that even admittedly there is no allegation that the petitioners had trespassed into the forest or had hunted the animals. Even going by the allegations, some person had delivered the meat in B.A.No.1170/08 2 question to the petitioners. The petitioners do not deserve to endure the trauma of arrest and detention. The article has been sent to the expert to ascertain. A bona fide error regarding identification of the source of the meat cannot be ruled out. At any rate, in these circumstances, the petitioners may not be compelled to undergo arrest and detention. Anticipatory bail may be granted to them, prays the learned counsel for the petitioner. 4. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case that the petitioners can be granted anticipatory bail, subject to appropriate terms and conditions. 5. In the result, these petitions are allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 06/03/2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.1170/08 3 ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 07/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do 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 petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 06/03/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 06/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1170/08 4 B.A.No.1170/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007