IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8024 of 2011() ----------------------------- CRIME NO.652/2011 OF MANJESHWAR POLICE STATION PETITIONER : ACCUSED : ----------------------- MOHAMMED ANDU AGED 43 YEARS, S/O.LATE PALLIKUNHU, KUBANOOR,BEKOOR,KASARAGOD DIST. BY ADV. SRI.S.JIJI RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY S.H.O. MANJESHWAR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8024 of 2011 ---------------------------------------------- Dated this the 11th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.652 of 2011 of Manjeshwar Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that on 18/08/2011, the petitioner cut and removed five acacia trees worth `15,000/- from the property in the possession of the Social Forestry Department under cover of a permission granted to him to cut and remove three fallen trees. It is alleged that apart from three fallen trees, he cut and removed five acacia trees. 4. The allegations levelled against the petitioner are grave in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial Bail Appln.No.8024/2011 : 2 : interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj