IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 5589 of 2009() ----------------------------------------- O.R.NO. 25/2009 OF DEVIKULAM FOREST RANGE OFFICE, IDUKKI PETITIONERS/ACCUSED: ------------------------------------- 1. C.K. DAS, S/O.KUNJU, AGED 49 YEARS, CHERUVAZHATHOTTAM KALLAR, VATTAYAR P.O., KURISUPARA , ADIMALY. 2. SAJEEVAN, S/O. KESAVAN, AGED 40 YERS, KOTHAKALAYIL HOUSE, VELLATHOOVAL P.O., IDUKKI. BY ADV. SRI.P.DEEPAK RESPONDENTS/COMPLAINANT: -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE RANGE OFFICER, FLYING SQUAD, FOREST RANGE OFFICE, DEVIKULAM, IDUKKI. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5589 of 2009 ------------------------------------ Dated this the 29th day of October, 2009 O R D E R The petitioner apprehends arrest in connection with O.R.No.25/2009 of Devikulam Forest Range Office, Idukki. 2. The offences alleged in O.R. No.25/2009 are under Sections 27(1)(e), 3 and 4 of the Kerala Forest Act. 3. When the Bail Application came up for hearing on 6/10/2009, the following order was passed: “ Petitioners filed B.A. No.3512 of 2009 praying for anticipatory bail. That application was disposed of by Annexure F order dated 19/8/2009, recording the submission of the learned Public Prosecutor that there was no intention to arrest the petitioners. It was also recorded that if, on investigation, it is suspected that the petitioners are also involved, notice shall be issued to the petitioners under Section 160 of the Code of Criminal Procedure. 2. Now Annexure G notices dated 7/9/2009 are issued to the petitioners directing them to appear B.A. No. 5589/2009 2 within fifteen days. It is submitted by the learned counsel for the petitioners that the petitioners would appear before the second respondent as directed in the notices. The petitioners are permitted to appear before the second respondent on 13th and 14th October 2009 at 9 A.M. 3. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders. 4. The application for bail will be considered after the petitioners appear before the second respondent. It is made clear that the Bail Application will be considered on the merits on 19/10/2009 and the direction to appear before the second respondent is in no way connected with the disposal of the Bail Application. The direction is only to grant time to the petitioners to comply with Annexure G notices.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners B.A. No. 5589/2009 3 have complied with the directions contained in the order dated 16/10/2009. It is also submitted by the learned Public Prosecutor that as of now the petitioners are not arrayed as accused in the case and there is no intention to arrest the petitioners. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed with liberty to the petitioners to approach this court again as and when occasion arises. K.T. SANKARAN, JUDGE scm