Rakesh E vs State Of Kerala

Ziyad Rahman A.A., J

This is an application for anticipatory bail.

The petitioner is the 4th accused in crime No.784/2023 of Nilambur Police Station, which was registered for the offences punishable under Sections 3(1), r/w 25(1B)(a) of Arms Act.

The prosecution case is that, the petitioner along with the other accused trespassed into the reserve forest in motorbikes with country made gun and shot down a mouse deer/Indian Chevorotain. The crime was registered in such circumstances. In connection with the very same incident, Akambadam Forest Office has registered O.R. No.4/2023 for the various offences under Kerala Forest Act and Wildlife Protection Act. As the petitioner apprehends arrest in connection with the investigation of the case, this application for anticipatory bail is submitted.

Heard Sri. R. Ranjith (Manjeri), the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor for the State.

The learned counsel for the petitioner pointed out that, in O.R. No.4/2023 of Akampadam Forest Range Office, this Court has already passed an order on the application for anticipatory bail submitted by the petitioner directing the petitioner to surrender before the investigating officer within a period of two weeks from the date of the said order. In this case, the learned counsel for the petitioner submits that the petitioner is prepared to surrender before the investigating officer in connection with the investigation of this crime.

In such circumstances, this bail application is disposed of with the following directions:

(i) The petitioner shall surrender before the Investigating Officer, within a period of two weeks from today, for subjecting himself to interrogation.

(ii) Upon such surrender and after interrogation, if any, the petitioner shall be produced by the investigating officer before the Jurisdictional Court on the very same day of surrender itself to enable the petitioner to seek regular bail, provided the petitioner surrenders on or before 10.30.a.m on that day.

(iii) The Jurisdictional Court, upon production of the petitioner/accused and filing of a bail application, may consider the bail application in accordance with the law and, if possible, dispose of the same on the very same day of filing the said application.