IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 6245 of 2008() ----------------------------- CRMP.1850/2008 of DISTRICT COURT, KALPETTA OR 21/2008 OF FOREST RANGE OFFICE, MEPPADI PETITIOENR (S): ACCUSED NO.3:- -------------------------------- VAZHAVELIKKAKATH SAJI, AGED 27 YEARS, S/O. DEVASSYA, VAZHAVELIKKAKATH HOUSE, PALAMADAMKUNNU, PAKKAM, VAZHAVATTA POST, MUTTIL SOUTH VILLAGE, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE - R.R.P MEPPADI, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6245 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 27(1)(e) iii & iv of the Kerala Forest Act. According to the prosecution, accused 1 and 2 were found carrying five logs of timber on 1-9-2008 and on questioning by the forest officials, it was revealed that two rosewood trees were cut and removed from the forest on 27-8- 2008 at the request made by petitioner who is the 3rd accused. Therefore, a crime was registered against the accused. 3. Learned counsel for the petitioner submitted that petitioner is absolutely innocent of the allegations made and petitioners names were mentioned to the forest officials by accused 1 and 2 only with an intention to book him in a forest offence falsely and harass him without any basis. Petitioner is a Congress worker and accused 1 and 2 who are workers of C.P.I. (M). There was inequitable distribution of funds for construction of houses and it was noticed by the petitioner that only the workers of C.P.I.(M) used to get the funds allotted and hence he raised a protest in the grama sabha. Accused 1 and 2 who are workers of C.P.I.(M) were offended this protest and there was an altercation between them and petitioner was also attacked by them. This BA 6245/08 -2- incident happened on 23-8-2008 and petitioner filed a complaint before the Superintendent of Police on 25-8-2008 against accused 1 and 2. On knowing this, the co-accused told petitioner that he will be taught a lesson and hence petitioner's name was falsely stated to the forest officials when accused 1 and 2 were engaged in commission of offence and accordingly, petitioner was implicated as an accused in the crime. 4. On hearing both sides, I am satisfied that this is a fit case to grant anticipatory bail and hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on condition that he shall report before the the Investigating Officer as and when directed and shall co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.