IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 7096 of 2008() ------------------------------------ OR NO.9/2008 OF VELLIKULANGARA FOREST RANGE APPLICANTS/ACCUSED : ----------------------------- 1. V.LINGIYYA, GROUP MANAGER, MOOPLY VALLEY GROUP ESTATE, HARRISONS MALAYALAM LTD., VARANDAPAPILLY, THRISSUR DISTRICT. 2. SUNIL JOHN, MANAGER, MOOPLY ESTATE, HARRISONS MALAYALAM LTD., VARANDARAPILLY, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7096 of 2008 --------------------------------------------- Dated this the 13th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 62(d), 27(1)a, 27(1)e(i), e(ii) and e(iii) of Kerala Forest Act. According to prosecution, petitioners, who are the group Manager and Manager of Harrison Malayalam Plantation Ltd., cut some growth of plants and erected pillars in forest area and thereby caused a loss of Rs.500/- to the Government. The crime was detected on 11.11.2008. 3. Learned counsel for petitioners submitted that petitioners were arrested on 11.11.2008. They are absolutely innocent of the allegations made. They have no intention to commit any offence against the State. They have not done anything deliberately to cause loss to the Government. But, the property of the estate lies at a lower level than the forest area along the boundary and to protect the property from wild animals, a fencing was to be constructed. The work was BA No.7096 /2008 2 entrusted to a contractor and contractor constructed the fencing by erecting the pillars in the boundary. Since there was no point in constructing a fence at a lower level as such a construction will not achieve the purpose, pillars were erected along the boundary, in the property situated at the higher level. Some growth of plants were also removed for the purpose of constructing fence. But, that was done only with a view to protect the property from wild animals and not with any intention to commit any offence. 4. But, a case was registered against petitioners with a deliberate view to harass them in view of a dispute existing between the management of the Harrison Malayalam Plantation Ltd. and the forest department. The matter is pending before another Bench of this Court and a Commissioner was deputed for inspection of the property. Even as per the allegations of the prosecution, the offence was detected, when the Forest Officials and petitioners were accompanying the Commissioner who was deputed for inspecting the property as per the orders of this Court with sufficient notice. The fact that even then the pillars and fencing were there itself will negative any criminal intention. BA No.7096 /2008 3 The fencing was done only for protecting the property from wild animals and it is not done by petitioners personally. Therefore, personal criminal liability cannot be fastened on them for the construction of the fence. Petitioners are in custody for the past three days. 5. Learned public prosecutor submitted that pillars are already removed and hence, he has no objection in granting bail on conditions: Hence, petitioners are granted bail on the following terms and conditions: Petitioners shall execute self bond for Rs.25,000/- each on condition that they will not tamper with evidence or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl