IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 389 of 2010()
1. SREEJITH, S/O.SREEDHARAN, AGED 26 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.P.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.389 of 2010
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Dated this the 16th day of February, 2010
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is
accused No.5 in O.R.No.30 of 2009 of Thamarassery Forest
Range Office, Kozhikode.
2. The offences alleged against the petitioner are under
Sections 2, 11, 16, 36, 39, 50 and 51 of the Wild Life Protection
Act.
3. When the Bail Application came up for hearing on
3.2.2010, 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 appear before the investigating
officer. Accordingly, there will be a direction to
the petitioner to appear before the investigating
officer at 9 A.M. on 9.2.2010 and 10.2.2010. The
petitioner shall produce a copy of the order
before the investigating officer.
Post on 16.2.2010.
BA No.389/2010 2
It is submitted by the learned Public
Prosecutor that the petitioner will not be arrested
until further orders in connection with O.R.No.30
of 2009 of Thamarassery Forest Range Office,
Kozhikode.”
4. It is submitted by the learned counsel for the
petitioner as well as the learned Public Prosecutor that the
direction contained in the order dated 3.2.2010 has been
complied with by the petitioner.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and also taking note of the fact
that the direction in the order dated 3.2.2010 has been complied
with by the petitioner, 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 sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on alternate Mondays, till the
final report is filed or until further orders;
BA No.389/2010 3
b) The petitioner shall appear before the investigating officer
for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) 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
csl
BA No.389/2010 4
K.T.SANKARAN, J.
———————————————
B.A.No.389 of 2010
———————————————
Dated this the 3rd day of February, 2010
ORDER
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
BA No.389/2010 5
to the petitioner to appear before the investigating officer.
Accordingly, there will be a direction to the petitioner to appear
before the investigating officer at 9 A.M. on 9.2.2010 and
10.2.2010. The petitioner shall produce a copy of the order
before the investigating officer.
Post on 16.2.2010.
It is submitted by the learned Public Prosecutor that the
petitioner will not be arrested until further orders in connection
with O.R.No.30 of 2009 of Thamarassery Forest Range Office,
Kozhikode.
K.T.SANKARAN,
JUDGE
csl
Hand over copy to both sides.