IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Bail Appl..No. 5381 of 2008() ----------------------------- O.R.No.19/08 OF KOTTIYOOR FOREST RANGE, KANNUR DIVISION PETITIONER: ACCUSED: ---------------------------- HAMEED, S/O.MAMMU, ZEENATH MANZIL, P.O.ULIYIL, VIA.MATTANNUR, KANNUR DISTRICT 670702. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY FOREST RANGER, KOTTIYOOR FOREST RANGE, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5381 of 2008 ----------------------------------------- Dated this the 14th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 27(1)(d), (e), (iii), (iv) and 52 of the Kerala Forest Act. According to prosecution, the respondent officials conducted a search in the saw-mill run by the petitioner while he was absent in the saw-mill. 55 numbers of timber of different verities seized, which are altogether worth Rs.10,000/- and a crime was registered against the petitioner, who is the owner of the saw-mill. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. No forest timber was available in the saw-mill. The 55 logs were worth only Rs.10,000/- and this fact itself will reveal that no forest timber was available. Only small logs of some trees like Venga, Anjili, teak, jack fruit tree etc. were seized, which are all available not only in forest, it is submitted. He also submitted that he is prepared to co-operate with the investigation and surrender before the investigating officer. BA.5381/08 2 4. Learned Public Prosecutor submitted that the petitioner may be directed to surrender before the investigating officer and co-operate with the investigation and subject to this, he has no objection in granting anticipatory bail. Hence, the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and make himself available for interrogation and co- operate with the investigation and in the event of his arrest, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed. ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.