IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 246 of 2008()
1. MOHANAN, POURNAMI NIVAS, PATTUVAM POST,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.SUNIL NAIR PALAKKAT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :05/02/2008
O R D E R
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