IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1990 of 2008() ----------------------------- O.R.NO.25/2002 OF FRO, MARAYOOR : PETITIONER --------------------------- HRIDAYA SWAMY, AGED 37 YEARS, S/O.MICHAEL, 7 ROOM LINES, LUCKUM NEW DIVISION, GUNDUMALAI, MUNNAR P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENTS: ------------- STATE OF KERALA TO BE REPRESENTED BY THE ASSISTANT EXCISE INSPECTOR, DEVIKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1990 of 2008 ---------------------------------------- Dated this the 1st day of April 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable under the Kerala Forest Act. There was of course an allegation raised against the petitioner for the offences punishable under the Kerala Abkari Act also. That crime has been handed over for investigation to the excise department, submits the learned Public Prosecutor. In the present crime, the allegation against the petitioner is that sandal wood was found available in his premises. Seeing the forest officials he allegedly took to his heels and could not be apprehended. The incident took place on 21/8/2002. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. B.A.No.1990/08 2 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 08/04/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 09/04/2008 and 10/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A.No.1990/08 3 thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 08/04/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 08/04/2008. (R.BASANT, JUDGE) jsr B.A.No.1990/08 4 B.A.No.1990/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007