IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2086 of 2007()
1. ABDUL RASHEED, S/O.NANIPPA HAJI,
... Petitioner
Vs
1. STATE OF KERALA - REPRESENTED BY
... Respondent
2. FOREST RANGE OFFICER,
For Petitioner :SRI.K.P.MUJEEB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/04/2007
O R D E R
V. RAMKUMAR, J.
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B.A. Nos.2086 and 2088 OF 2007
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Dated this the 9th day of April, 2007
O R D E R
Petitioner in B.A.No.2086/07 is the first accused and the
petitioners in B.A.No.2088/07 are accused Nos.2 and 5 in O.R.No.5/07
of Karuvarakundu Forest Station for offences punishable under sections
27(1)(e)(iv)III of Kerala Forest Act and under section 2(16), 36, 9, 39
and 51 of the Kerala Wild Life Protection Act.
2. Learned Public Prosecutor opposed these applications
submitting, inter alia, that the first accused is an accused in another
crime involving similar offences.
3. The case of the prosecution is that on 14.3.07 at about 1.45
a.m. the petitioners had trespassed into the UFC item No.12 of
Nellikkara Erankole Malavaram within the limits of Karuvarakundu
Forest Station and had hunted and killed a Malan(Sambar Deer) and
shared the meat among themselves.
4. It is too early to accept the contention of the first accused
that he is afflicted with cancer and thereby deserving bail.
5. 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 namely, the Forest Ranger, Kalikavu for
BA.2086/07 & 2088/07
: 2 :
the purpose of interrogation and then to have their application for
regular bail considered by the Magistrate having jurisdiction.
Accordingly, the petitioners are directed to surrender before the above
said Investigating Officer on any day between 16.4.2007 and 18.4.2007
for the purpose of interrogation. The petitioners shall, thereafter, be
produced on the same day before the Magistrate having jurisdiction,
who shall consider and dispose of the application for regular bail, if any,
filed by the petitioners. Such disposal shall preferably be on the same
date on which the application is filed, bearing in mind the contention of
the petitioners that accused Nos.2 and 5 had no serious role in the
alleged offence.
These applications are disposed of as above.
(V. RAMKUMAR, JUDGE)
aks