PRESTON SILVA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks anticipatory bail on the allegation that the Forest Range Officer, Machiplav Forest Station is at his heels in connection with Crime No.1/2007 registered against five persons for offences punishable under secs.27 (1)(e)(iv) of the Kerala Forest (Amendment) Act, 1993 and secs.2(16)(a), 9, 50 and 51 of the Wild Life Protection Act, 1972.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that accused Nos.1 to 3 had trespassed into the reserve forest and removed the tusks of an elephant with the help of the 5th accused and they had sold the tusks to the petitioner herein who is dealing in such curios.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the concerned magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of on merits preferably on the same day on which it is filed. With the above observation this application is disposed of.