IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 246 of 2008() ---------------------------- O.R. NO.1/08 OF KANNUR FOREST RANGE PETITIONER/ACCUED RANK NOT KNOWN ------------------------------------------------- MOHANAN, POURNAMI NIVAS, PATTUVAM POST, MULLOOL, THALIPARAMBA TALUK, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENTS: ------------- THE STATE OF KERALA, REP. BY THE RANGE OFFICER, KANNUR FOREST RANGE. (THROUGH THE PUBLIC PROSECUTOR OF HONOURABLE KERALA HIGH COURT, ERNAKULAM). BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 246 OF 2008 A ```````````````````````````````````````````````````` Dated this the 5th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner is the 4th accused in a crime registered under the Wild Life(Protection) Act. Initially, three accused persons were arrayed as the accused. The first accused is the brother of the petitioner herein. The allegation against accused Nos.1 to 3 was that they were illegally found to be in possession of snake venom for the purpose of export, etc. Accused Nos.1 to 3 were arrested and enlarged on bail later as per order of this Court. Apprehending arrest, the petitioner has come to this Court with this petition on 8.1.08. When the matter was came up for hearing on 17.1.08, it was stated that the investigators have not decided whether the petitioner need to be arrayed as an accused. Interim directions were issued on 17.1.08. The petitioner has accordingly appeared before the investigating BA.246/08 : 2 : officer and had made himself available for interrogation. 2. The learned counsel for the petitioner submits that the first accused resides in the same house as he resides and the alleged recovery of snakes from the said house cannot be attributed to the petitioner. He has no culpable responsibility for such animals. Such animals, if at all, must evidently have been kept in the premises by the first accused. At any rate, the petitioner may not be vexed and harassed by unnecessary arrest and detention. All the animals have already been taken away. A proper completion of the investigation will reveal that the petitioner was not in possession and was not rearing those animals. In these circumstances, anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor does not oppose the application. He prays that appropriate conditions may be imposed in the interests of a proper and efficient investigation. 4. Having considered all the relevant inputs, I am BA.246/08 : 3 : persuaded to agree that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 12.2.2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 1 p.m on 13.2.2008 and 14.2.2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, he shall so appear on all Mondays and Fridays between 10 BA.246/08 : 4 : a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 12.2.2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 12.2.2008. (R.BASANT, JUDGE) aks