IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5375 of 2009 O.R.NO.18 OF 2009 OF PALODE FOREST RANGE PETITIONER/2ND ACCUSED ------------------------------------------ ANIL, S/O.ASOKAN, VADAKKEEKARA PUTHEN VEEDU, KALAMACHAL P.O., ATTINGAL-695 606. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5375 OF 2009 ------------------------------------------------------ Dated this the 13th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in O.R. No.18 of 2009 of Palode Forest Range. 2. The offences alleged against the accused persons are under Sections 2(2), 2(16), 9, 39 and 43 read with Section 51 of the Wild Life Protection Act. 3. The prosecution case is that the accused persons killed a wild boar calf by throwing stones. 4. When the Bail Application came up for hearing on 24.9.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to B.A. NO. 5375 OF 2009 :: 2 :: appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 6th and 7th October, 2009. Post on 13.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with O.R. No.18 of 2009 of Palode Forest Range.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 24.9.2009 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also considering that the direction in the order dated 24.9.2009 has been complied with, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent B.A. NO. 5375 OF 2009 :: 3 :: sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/