IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 5868 of 2010() ------------------------------------------ (O.R.NO.10/2010 OF KOTTIYOOR FOREST RANGE, KANNUR DISTRICT) .................... PETITIONERS/ACCUSED NO.2 TO 4: --------------------------------------------------------- 1. T.P.VINEETH,S/O.RAJAN,THAZHEPEEDIKA HOUSE,SANKARANELLUR.P.O,MANGATTIDAM AMSOM, KAYILODE DESOM,KANNUR DISTRICT. 2. K.GIREESH,S/O.GANGADHARAN,KAPPANNAKANDY PARAMBA,MANGATTIDAM.P.O,AMSOM,AMBILAD DESOM, KANNUR DISTRICT. 3. P.M.ANEESH,S/O.ANANDAN,PUNNUMMAL HOUSE, MANGATTIDAM.P.O,AMSOM,AMBILAD DESOM, KANNUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ......................................... B.A. No.5868 of 2010 .......................................... Date: 01.10.2010 ORDER Petitioners, who are accused Nos.2 to 4 in O.R. No. 10/2010 of Kottiyoor Forest Range for an offence punishable under Section 27 of the 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 14.10.2010 or on 15.10.2010 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 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. In case there is no incriminating material against the petitioners, the Investigating Officer shall submit a report to that effect before the Magistrate and release the petitioners from custody permitting them to appear before the Magistrate and apply for regular bail. In case the petitioners apply for regular bail, they shall be released on bail preferably on the same date on which the application is filed This petition is disposed of as above. V.RAMKUMAR, JUDGE sj