IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 1081 of 2009() ----------------------------- O.R.NO.16/2008 OF THE SULTHANBATHERY FOREST RANGE OFFICE CRMP.2694/2008 of DISTRICT COURT, KALPETTA .................... PETITIONERS/ACCUSED NOS.4,5,6 & 7 ----------------------------------------------------- 1. CHALIL RASHEED,S/O.BEERANKUTTY, PADINJARETHARA.PO,VYTHIRI TALUK,WAYANAD DISTRICT. 2. C.MAJEED, S/O.MAMMU,CHONNY HOUSE, P.O.KARAKKAMALA,ANCHUKUNNU AMSOM,WAYANAD DISTRICT. 3. BASHEER.T @ ABDUL BASHEER,S/O.MOIDU, AGED 31 YRS,THURUTHIYIL HOUSE, KARAKKAMALA.PO, ANCHUKUNNU AMSOM,DESOM OF MANANTHAVADY TALUK. 4. IBRAHIM,S/O.UNNACHI ALI,PORUNNANNUR AMSOM,KARINGARI DESOM,MANANTHAVADY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------------- 1. THE FOREST RANGE OFFICER, SULTHAN BATHERY. 2. THE ASSISTANT WILD LIFE WARDEN, SULTHAN BATHERY. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.1081 of 2009 =============================== DATED: 11.03.2009 O R D E R Petitioners, who are accused Nos.4 to 7 in O.R. No.16 of 2008 of Sulthanbathery Forest Range Office for offences punishable under Section 27(1)(e)(iv) and (iii), 52 and 2(f) of the Kerala Forest Act, seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on any day between 16.03.09 and 18.03.09 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of their application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj