IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4220 of 2009() ------------------------------------------ (O.R.NO.9/2009 OF KOLENGODE FOREST RANGE,PALAKKAD DISTRICT) PETITIONER:2ND ACCUSED: ------------------------------------------- JOY, AGED 54 YEARS, S/O.VARGHESE, RESIDING AT POOMKUDIYIL HOUSE, ADIMALY P.O., MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. MR.S.JIJI RESPONDENT(S): ---------------------------- THE FOREST RANGE OFFICER, KOLLENGODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- B.A.No.4220 of 2009 -------------------------- ORDER Petitioner is the second accused in O.R.No. 9/2009 of Kollengode Forest Range. Allegation against the petitioner and co-accused is that they committed offence under Section 27(1)(e)(i)(iii) and (iv) of Kerala forest Act. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail apprehending arrest. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. As per order in B.A.No.3295/2009 dated 20.7.2009, first accused was granted anticipatory bail. Argument of the learned counsel appearing for the petitioner is that reasons for granting anticipatory bail to the first accused applies to the petitioner also and therefore, he is entitled to get bail. When first accused is already granted BA 4220/09 2 anticipatory bail, I do not find it necessary to grant anticipatory bail to the petitioner, as he could very well surrender before the Magistrate and seek regular bail. I find no reason why Magistrate will not release the petitioner on bail, when first accused has already been granted anticipatory bail. Petition is dismissed with liberty to approach the Magistrate and seek regular bail. 14th August, 2009 (M.Sasidharan Nambiar, Judge) tkv