IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5229 of 2009 O.R.NO.26 OF 2009 OF KALIYAR RANGE, THODUPUZHA, IDUKKI DISTRICT APPLICANT/1ST ACCUSED ----------------------------------------- SABU, AGED 36 YEARS, S/O. ABRAHAM, THURUTHIPILLY HOUSE, VANNAPPURAM VILLAGE, THODUPUZHA TALUK, THODUPUZHA. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE RANGE OFFICER, KALIYAR RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5229 OF 2009 ------------------------------------------------------ Dated this the 9th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in O.R.No.26 of 2009 of Kaliyar Range, Thodupuzha. 2. The offence alleged against the accused persons is under Section 27(e)(iii) of the Kerala Forest Act. 3. The prosecution case is that the accused persons cut and removed a rosewood tree standing in the property belonging to the Government and which was encroached upon by the first accused. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that the petitioner is B.A. NO. 5229 OF 2009 :: 2 :: entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would affect the smooth and proper investigation of the case. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/