IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 5928 of 2010() ----------------------------------------- O.R.NO.24/2010 OF ALATHUR FOREST RANGE, PALAKKAD DISTRICT. .............. APPLICANT/ACCUSED NO.1 ----------------------------------------- RAJAN, AGED 62 YEARS, S/O.CHAMI, PADAYATTI, ERIMAYOOR POST, ALATHUR TALUK, PALAKKAD DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. MR.JOHNSON VARIKKAPPALLIL, MR.VIPIN NARAYAN. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE FOREST RANGE OFFICER, ALATHUR FOREST RANGE. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ......................................... B.A. No.5928 2010 .......................................... Dated: 05.10.2010 ORDER Petitioner, who is the 1st accused in O.R No.24/2010 of Alathur Forest Range for offences punishable under Sections 27(i)e (1), iii and iv of the Kerala Forest Act,1961, seeks 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 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 petitioner shall surrender before the investigating officer on 19.10.2010 or on 20.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the 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 petitioner, the Investigating Officer shall submit a report to that effect before the Magistrate and release the petitioner on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj