Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 9th accused in O.R.No.04/2014 of the Peechi Forest Range, registered for the offences punishable under Section 51 of the Wildlife Protection Act.
3. The allegation against the petitioner and the other accused is that they committed trespass into the reserve forest coming under Olakara Forest Station and hunted a Bos gaurus (wild buffalo) and appropriated its meat.
4. Heard learned Senior Counsel for the petitioner and the learned Additional DGP.
5. The learned Senior Counsel for the petitioner has pointed out that even according to the prosecution case, the petitioner had no active participation in hunting the animal.
In fact he was employed by one of the accused for taking some articles along with them, simply as a head load worker, and he had accompanied them.
6. According to the learned Additional DGP, the petitioner had also actively participated in peeling the skin of the animal, cutting the meat, and cooking its meat. This is not a fit case wherein anticipatory bail can be granted to the petitioner. At the same time, considering the facts and circumstances of the case and the limited participation of the petitioner, I am of the view that an opportunity to be granted to the petitioner to surrender before the investigating officer and to co-operate with the investigation.
7. In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within seven days from today and to co-operate with the investigation. On such surrender, immediately after interrogation, he shall be produced before the jurisdictional Magistrate. In case advance notice is served on the Assistant Public Prosecutor in charge of the case, the learned Magistrate shall dispose of the application for bail, if any filed, preferably on the same day itself.
Sd/-
B.KEMAL PASHA, JUDGE DSV/20/11 // True Copy // P.A. To Judge