IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 152 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6131/2008 CRIME NO.1590/08 O.R.NO.7/08 PONGANANGADU FOREST STATION PETITIONER -------------------- SURESH, AGED 25 YEARS, S/O. GOPI, NANNAKERYVELI HOUSE, THANNERMUKKAM THEKE VILLAGE, MUHAMMA DESOM, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY FOREST RANGER, PONGANANGADU FOREST STATION,THRISSUR. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 152 of 2009 ----------------------------------------- Dated this the 6th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 3(4) and 12(a) of the Captive Elephants (Management and Maintenance) Rule 2003 and Section 51 of the Wild Life Protection Act, 1972. According to prosecution, petitioner, while working as second mahout of elephant, inflicted injury on the leg with the stick. 3. Learned counsel for petitioner submitted that first mahout was on inimical terms with the petitioner and henc,e he has given a false complaint. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the report, the elephant has suffered injury. The elephant was examined by the doctor and injuries were noted. 5. On hearing both sides, I find that petitioner had filed an application earlier and it was dismissed on merit as per order dated 24.10.2008 in B.A.No.6131 of 2008. On considering the rival contentions, I am satisfied that it is not a BA.152/09 2 fit case to grant anticipatory bail. I do not find at this stage any reason why I come to a different finding. Petitioner is required for investigation. In the above circumstances, the following order is passed: (1) Petitioner is directed to surrender before the investigating officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by the petitioner in this crime will be entertained by this Court. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.