IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Bail Appl..No. 5444 of 2010() ---------------------------------------- O.R. NO.11/2010 OF FOREST RANGE WALAYAR. .... PETITIONER ACCUSED ----------------------------------- 1. KANAKARAJ, AGED 45 YEARS, S/O. MARUTHACHALAM CHETTIAR, CHANDRAPURAM POST WALAYAR, 2. RAMASWAMI, AGED 60 YEARS, S/O.NACHIMUTTU GOUNTER, SHAKTHIPALAYAM, PERIAKUYAL POST, POLLACHI TALUK, TAMIL NADU. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): STATE ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5444 of 2010 ------------------------------------------------ Dated this the 14th day of September, 2010 ORDER The petitioners, who are the accused in O.R.No.11/2010 of Forest Range, Walayar for offences punishable under Sections 27(1), (4), III (i) (d) & 52 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 24/9/2010 or on 25/9/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate who on being satisfied that Bail Appln.No.5444/2010 : 2 : the petitioners have been interrogated by the police 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 skj