JOSEPH ALIAS KUNJACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused 2 and 3 in O.R.No.8/06 of Palakkayam Forest Station for offences punishable under sections 2(1), 2(16), 2(20), 2(35), 2(36), 9, 39(1)(a), 39(3)(c) and 51 of the Wild Life Protection Act, 1972, section 27(1)(e) of the Forest Act and provisions of the Arms Act for allegedly trespassing into a reserve forest and killing a mouse deer on 18.12.2006, seek anticipatory bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) I am not inclined to grant anticipatory bail to the petitioners. However, I am inclined to give the petitioners an opportunity to surrender before the Investigating Officer and have their application for regular bail disposed of by the competent Magistrate. Accordingly, the petitioners are directed to surrender before the Investigating Officer (Forest Range Officer, Mannarkkad) on any day between 10.1.2007 and 15.1.2007 for the purpose of custodial interrogation. The petitioners shall thereafter be produced before the Magistrate having jurisdiction on the same day. In case the petitioners file an application for regular bail, the same shall be considered and disposed of by the Magistrate, preferably on the same date on which it is filed. With this direction, this petition is disposed of.