IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 173 of 2009() ----------------------------------------- O.R. NO.9/2008 OF OLAVAKKODE FOREST RANGE ......... APPLICANT (S): ACCUSED NO.6 -------------------------- SUBAIR, S/O.MUHAMMED, KOLLARATHODI HOUSE CHERUKODE P.O.,KOPPAM, PALAKKAD. BY ADV. MR.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE FOREST OFFICER, OLAVAKKODE. PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.173 OF 2009 -------------------------------- Dated this the 5th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under section 27(1)(d) of Kerala Forest Act. According to prosecution, 8.5 kg. of sandal wood and 45 kg. of sandal wood chips were seized from the house of accused nos.1 and 2. On investigation, it is revealed that this was stocked for sale to be effected to sixth accused. Petitioner is the sixth accused. 3. Learned counsel for petitioner submitted that except the confession statement, there is no other material against petitioner. There is absolutely nothing to connect petitioner with the crime. The alleged offence involved is under section 27(1)(d) of Kerala Forest Act but going by the language of the provision, petitioner cannot be fastened with any criminal liability. He has not received any articles or he was not in possession of any contraband articles. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer and subject to that, he has no objection in granting B.A.No.173 of 2009 2 anticipatory bail. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed. 1) Petitioner shall surrender before the Investigating Officer within 7 days from today and make himself available for interrogation. 2) Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on the following conditions : i) Petitioner shall report before the Investigating Officer and co-operate with investigation as and when directed. ii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac