IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Bail Appl..No. 5379 of 2008() ----------------------------- (O.R.12/2008 OF KASARAGODE FOREST RANGE PETITIONER/2ND ACCUSED ---------------------------- THOMAS ABRAHAM, S/O.A.V. ABRAHAM, ALUNGATHAZE HOUSE, BELLUR, KASARAGOD. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5379 of 2008 ------------------------------------------------ Dated this the 4th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 27(1)(e)(iv) and (vii) of Kerala Forest Act. According to prosecution, the first accused was found peeling the skin of Accassia trees from the forest and he was arrested by the forest officials and he confessed that it was done at the instance of the petitioner. The prosecution case is that petitioner had engaged the first accused for the said purpose to see that trees thereby get dried and destroyed so that there may not be any shade which will prevent the growth of rubber trees in the property of the petitioner. The trees were standing adjacent to petitioners property. 3. Learned counsel for the petitioner submitted that petitioner is a Police Constable and the only offence against the petitioner is the confession statement of the first accused, which cannot be acted upon. He mentioned the name of the petitioner 2 only because he thought that no action will be taken, since the petitioner is a Police Constable. Petitioner is absolutely innocent of the allegations made. 4. Learned Public Prosecutor submitted that the petitioner is having property adjacent to the place from where the offence was committed by the first accused. There are sufficient materials in the case diary to connect the petitioner with the crime, it is submitted. 5. On hearing both sides, I find that except the bare assertion that petitioner is innocent of the allegations made, no materials are pointed out to substantiate the innocence of the petitioner. I am satisfied that it is not a fit case to grant anticipatory bail . Petition is dismissed. K. HEMA, JUDGE. Krs.