IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 1141 of 2010 O.R.NO.16 OF 2008 OF ARYANKAVU FOREST RANGE, KOLLAM DISTRICT PETITIONER: ACCUSED NO.4: --------------------------------- SAJIMON, S/O.THANKAPPAN, ANANTH BHAVAN, EDAMULAKKAL. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1141 OF 2010 ------------------------------------------------------ Dated this the 9th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in O.R. No.16 of 2008 of Aryankavu Forest Range, Kollam District. 2. The offences alleged against the accused are under Sections 27 (1) (e) (iii) and (iv) of the Kerala Forest Act. 3. On 28.10.2008, the Forest Officials found that two teak trees were cut from Rajathottam Mala in Thalappara section in Aryankavu Range. The teak trees were found cut into ten pieces. The Forest Officials removed the timber and a mahazar was prepared. No information could be gathered as to the persons who are involved in the offence. The Forest Officials detected the offence on getting secret information. 4. I have perused the Case Diary. The Case Diary only mentions that as per the secret information, the Investigating B.A. NO. 1141 OF 2010 :: 2 :: Officer suspects involvement of five persons including the petitioner herein. It is also revealed that the accused persons were keeping themselves away from the places for quite some time. 5. The learned counsel for the petitioner submitted that the petitioner is innocent and that he is not involved in any offence. It is also pointed out that there is no material to arrive at a conclusion that the petitioner is involved in the offence. For the purpose of disposal of this Bail Application, it is not necessary to arrive at any finding on these aspects. 6. Taking into account the facts and circumstances of the case, the nature of the offence and the materials already on record, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 1141 OF 2010 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/