IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6016 of 2008() ----------------------------- O.R.No.12/2008 of KASARAGODE FOREST RANGE : PETITIONER/2ND ACCUSED ------------------------------------------ THOMAS ABRAHAM, S/O. A.V.ABRAHAM, ALUNGAL THAZE HOUSE, BELLUR, KASARGODE. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OOF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR, HISH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6016 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 27(1)(e)(iv) and (vi) of the Forest Act. According to the prosecution, 1st accused was found peeling the skin of accassia trees from the forest with an intention to damage the tree with a view to avoid shade coming to the property of 2nd accused. On arresting 1st accused, he confessed that 2nd accused is having a property nearby and at his instance he was committing the offence. Hence, petitioner (2nd accused) was implicated in the offence. 3. Learned counsel for the petitioner submitted that under section 27 of the Forest Act only the person who has actually committed the acts referred to in the provision can be made liable. Even if the entire allegations are accepted, a person at whose instance the tree was damaged may not be liable for the offence, going by the language of the provision, it is submitted. According to learned counsel for petitioner, 1st accused had retracted from the statement given to the forest officials and he had sent a letter to the District Forest Officer, BA 6016/08 -2- copy of which is produced as Annexure-1 wherein allegations made that he was falsely implicated by the forest officials and a false confession statement made to be signed by him. In the circumstances, anticipatory bail may be granted to petitioner, it is submitted. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer and on such condition, he has no objection in granting anticipatory bail petitioner. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation and in the event of his arrest, if any, he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on condition that he shall make himself available for interrogation by the BA 6016/08 -3- Investigating Officer as and when directed and co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.