IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5370 of 2008() ----------------------------- (O.R.NO.2/2008 OF KURUSUMUDI FOREST STATION) PEITITIONER/ACCUSED ------------------------------------ P.P.AJITH KUMAR, S/O.PRABHAKARAN, PUTHANPURAKKAL HOUSE, NELLAD, MOOVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE DEPUTY RANGER, FOREST STATION, KURISUMUDI- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No.5370 of 2008 ------------------------------------------------ Dated this the 3rd day of September, 2008. ORDER Petition for anticipatory bail. 2. A crime is registered against the petitioner under Sections 27(1)(e)(iv)(v) of the Kerala Forest Act. According to prosecution, the petitioner, who is a Government contractor, has removed soil from the forest land and a crime was registered on such allegations. 3. Learned counsel for the petitioner submitted that the petitioner is a government contractor who was entrusted with the work of construction of main canal which passes through the reserve forest from the Idamalayar Dam to various parts of Ernakulam District for the purpose of irrigation. The work was entrusted with the petitioner vide Annexure-B contract. Only the land which was handed over to the government is utilised for the purpose of construction of the canal, it is submitted. The acquired land by the government for the construction of the canal is not [B.A.No.5370/08] 2 sufficient to collect the removed earth and that is why the sides of the canal were used by the petitioner for collecting the earth. No offence is committed by the petitioner. 4. In fact, a letter was written by the Assistant Executive Engineer to the Deputy Ranger explaining this fact. The petitioner has also addressed the Assistant Conservator of Forest, Malayattoor requesting him to direct the forest officials not to interfere in the matter. Now the refilling work of the deep fill culvert is going on. For the purpose the earth stored at various places including the earth stored on the side of the PWD road are to be taken. The copies of the letters are produced and marked. 5. Learned Public Prosecutor submitted that as per the instructions given, it is true that the petitioner is a contractor but he has removed the forest soil which is an offence. 6. On hearing both sides and on perusing the records, I find that anticipatory bail can be granted to the petitioner on conditions. Hence, the following order is passed: i) Petitioner shall be released on bail in the event of his arrest on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum sum to the [B.A.No.5370/08] 3 satisfaction of the arresting officer on condition that he will report before the investigating officer for interrogation as and when directed and co-operate with the investigation. Petition is allowed. K. HEMA, JUDGE. Krs.