IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2053 of 2010() ----------------------------- (Crime No.398 of 2010 against the Venjaramood Police Station) PETITIONER/ACCUSED: -------------------- K.PUSHKARAN PILLAI,S/O.KRISHNAPILLAI, VAYAKKAL VEEDU (PRADEEP VILASOM) ALIYADU,ALIYADU P.O,VENJARAMOOD,THIRUVANANTHAPURAM BY ADV. SMT.M.HEMALATHA RESPONDENT: --------------- THE CIRCLE INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, VENJARAMOOD,THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- B.A.NO. 2053 OF 2010 ------------------------------------------------- Dated this the 25th day of May, 2010. ORDER This petition is for anticipatory bail. 2. The alleged offence is under Section 438 of Criminal Procedure Code. According to the prosecution, an Anjili tree which was cut by the public for the purpose of construction of a road was kept on the road and it was removed by the petitioner. 3. Learned counsel for the petitioner submitted that Anjili tree stood in the property of the petitioner and it is not correct to say that the tree belongs to the Panchayath or that `it has any right over the same. 4. Learned Public Prosecutor submitted that in the light of the certificate is issued by the Village Officer he has no objection in granting anticipatory bail. 5. On hearing both sides and on going through the certificate, I am satisfied that petitioner can be granted anticipatory bail on conditions. 6. Hence, the following order is passed: B.A.NO. 2053 OF 2010 2 1. Petitioner shall surrender before the Investigating Officer within 7 days from today and co-operate with the investigation. 2. Petitioner shall be released on bail, in the event of his arrest, on his executing a bond for Rs.10,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on the following conditions: i) Petitioner will co-operate with the investigation. ii) Petitioner shall not influence of intimidate any witnesses or tamper with the evidence. This petition is allowed. K.HEMA,JUDGE. pm.