1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION (BAIL) NO.138 OF 2010 Mr. Menino Vincent Paul Pereira …. Applicant V/s The Range Forest Officer & Anr. …. Respondents Mr. Arun Bras De Sa, Advocate for the Applicant. Mr. C.A. Ferreira, Public Prosecutor for the Respondents. CORAM : N.A. BRITTO, J. DATE : 17/06/2010. P.C.: Heard. 2. The applicant herein is an accused who is sought to be prosecuted under Section 51 r/w 9, 39 and 44 of Wildlife Protection Act, 1972. The applicant had applied for anticipatory bail to the Court of Sessions, but the same came to be rejected by order dated 4/06/2010, and as such, the applicant has approached this Court for anticipatory bail. 3. The applicant appears to be running a bar and restaurant known as “O Papagaio” at Siolim where on 22/05/2010 a search was carried out where meat suspected to be of wild boar, three turtle shells and 47 bone pieces suspected to be of tortoise, were seized under panchanama. 4. There is no dispute that the applicant was very much present at 2 the time of the panchanama and had even signed the panchanama and he had stated that the shells were found in another property, but he was not arrested. The applicant attended the office of the RFO on 28/05/2010 for the purpose of recording his statement. The statement was recorded and yet he was not arrested. 5. The report of the analyst from the Chief Wildlife Warden at Deharadoon is yet to be received. 6. I have perused the reply filed. No satisfactory explanation has been given by the respondents as to why the applicant was not arrested on the said two dates. Therefore it would not lie in the mouth of the respondents now to say that the applicant's custody is required. 7. Considering the facts of the case, in my view, the applicant would be entitled to anticipatory bail. 8. Application therefore is granted. In the event of arrest of the applicant by RFO, the applicant shall be released on bail upon execution of bond of Rs.20,000/-, with one surety in the like amount, to the satisfaction of the RFO. In case required, the RFO may call the applicant for further interrogation for 3 days, but shall not detain the applicant beyond 6 p.m. Application disposed of accordingly. Issue 3 authenticated copy. N.A. BRITTO, J. NH/-