IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 466 of 2008() ---------------------------- O.R.NO.1/2008 OF KASARGOD FOREST RANGE : PETITIONER/ACCUSED 2 & 3 ----------------------------------------- 1. ASHARAF,S/O.K.P.ERAMU, AGED 30 YEARS RESIDING AT KUNNUMVALAPPIL HOUSE P.O.,IRIYANNI, MULIYAR VILLAGE, KASARAGOD TALUK. 2. SHAREEF, AGED 24 YEARS, S/O.K.P.ERAMU RESIDING AT KUNNUMVALAPPIL HOUSE P.O.,IRIYANNI, MULIYAR VILLAGE, KASARAGOD TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE RANGE OFFICER KASARGOD FOREST RANGE KASARGOD. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.466 of 2008 ---------------------------------------- Dated this the 28th day of January 2008 O R D E R Application for anticipatory bail. The petitioners face allegations under the Kerala Forest Act. The crux of the allegations is that the accused persons, three in number, including the petitioners, who are accused 2 and 3 had allegedly trespassed into the forest and had cut down a sandal wood tree. The forest officials reached the spot. They apprehended the first accused. Accused 2 and 3, the petitioners, took to their heels and could not be apprehended. Seizure mahazer and the occurrence report do clearly show the involvement of the petitioners. They are brought on the array of accused on the basis of the confession statement of the first accused and also the perception of the forest officials who saw two persons running away along with the first accused, who was apprehended. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioner submits that the petitioners are innocent. They are not in anyway involved in the crime. Merely on the confession statement of the first B.A.No.466/08 2 accused, vexatious proceedings are being initiated against the petitioners. The petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. There is no reason to doubt or suspect the version of the forest officials or the confession statement of the first accused. The petitioners have got to be apprehended. They have to be interrogated for a proper investigation. They are to be arrested and detained only if their further detention is found necessary on such interrogation. Grant of anticipatory bail to the petitioners would hamper the smooth course of investigation. They may be directed to surrender before the investigating officer or the learned Magistrate having jurisdiction, prays the learned Public Prosecutor. 4. The learned counsel for the petitioners submits that the petitioners are willing to surrender before the learned Magistrate and seek regular bail. There may be a direction to consider the bail application on the date of surrender itself, prays the learned counsel for the petitioners. B.A.No.466/08 3 5. It is for the petitioners to surrender before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail. Of course, their application for regular bail will have to be considered on merits, in accordance with law and expeditiously. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. I am not satisfied that any further or specific directions need be issued in the facts and circumstances of this case. 6. In the result, this bail application is dismissed. I reiterate that if the petitioners surrender before the investigating officer or the learned Magistrate and apply for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.466/08 4 B.A.No.466/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007