Kishore Vs. State of Kerala - Court Judgment

Excerpt:
[mr.justice v. jagannathan, j.] this crl.p filed u/s.438 cr.p.c praying to enlarge the petitioner on bail in the event of his arrest in cr.no.330/10 of malleshwaram p.s., bangalore city, which is regd., for the offences p/u/s 408, 409, 420, 120(b), 468 and 471 r/w 34 of the ipc......anchal forest range for offences punishable under sections 2(2), 2(16), 2(32), 2 (36), 2(37), 39, 50 and 51 of wild life protection act and sections 27(1) (e)(iv) of the kerala forest act, seeks anticipatory bail. 2. the learned public prosecutor opposed the application.3. anticipatory bail cannot be granted in a case of this nature. but at the same time, i am inclined to permit the petitioner to surrender before the investigating officer for the purpose of interrogation and then to have his application for bail considered by the magistrate having jurisdiction. accordingly, the petitioner shall surrender before the investigating officer on 27.11.2010 or on 29.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. the petitioner shall thereafter be.....

Judgment:
V. RAMKUMAR, J.

B.A. No. 7249 of 2010

Dated this the 16th day of November, 2010.

ORDER

1. Petitioner who is the 2nd accused in O.R. No. 39 of 2010 of Anchal Forest Range for offences punishable under Sections 2(2), 2(16), 2(32), 2 (36), 2(37), 39, 50 and 51 of Wild Life Protection Act and Sections 27(1) (e)(IV) of the Kerala Forest Act, seeks anticipatory bail.

2. The learned Public Prosecutor opposed the application.

3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 27.11.2010 or on 29.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed.

4. This petition is disposed of as above.