IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 241 of 2010 O.R.NO.20 OF 2009 OF ALATHUR FOREST RANGE, PALAKKAD DISTRICT APPLICANTS/ACCUSED NOS.4,1 & 2 ------------------------------------------------- 1. ELIAS, AGED 49 YEARS, S/O.VARGHESE, ERANGOTTU HOUSE, ATTAVADY, OLIMKADAVU POST, MANGALAM DAM, ALATHUR TALUK, PALAKKAD DISTRICT. 2. SADASIVAN, S/O.MADHAVAN, MANGHAT HOUSE, PANDIKADAVU, OLIMKADAVU POST, KIZHAKKENCHERY, ALATHUR TALUK, PALAKKAD DISTRICT. 3. LINESH RAJAN, S/O.RAJAN, AGED 27 YEARS, KOCHUMADAYIL HOUSE, PANDIKADAVU, OLIMKADAVU POST, KIZHAKKENCHERY, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) SRI.VIPIN NARAYAN RESPONDENT: RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 241 OF 2010 ------------------------------------------------------ Dated this the 24th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.4, 1 and 2 in O.R.No.20 of 2009 of Alathur Forest Range, Palakkad District. 2. The offence alleged against the accused is under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act. 3. The prosecution case is that on 1.10.2009, the accused persons cut and removed two teak trees from UTT Plantations, Alathur Range, which is a vested forest. 4. When the Bail Application came up for hearing on 1.3.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an B.A. NO. 241 OF 2010 :: 2 :: opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 8th and 9th March, 2010. The petitioners shall produce a copy of the order before the investigating officer. Post on 15th March, 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with O.R.No.20 of 2009 of Alathur Forest Range, Palakkad District.” 5. It is submitted that the petitioners have not complied with the direction in the order dated 1.3.2010. Therefore, the petitioners are not entitled to any discretionary relief in this Bail Application. I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/