IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Bail Appl..No. 5717 of 2008() ----------------------------- (OR NO.11/2008 OF NACHIVAYAL FOREST STATION, MARAYOOR RANGE) PETITIONER/ACCUSED 2 AND 4 ----------------------------------- 1. JOY CHACKO, S/O. CHACKO, AGED 38, RESIDING AT PULICKAL HOUSE, CHENKULAM KARA, KUNJITHANNY VILLAGE, DEVIKULAM TALUK, IDUKKI. 2. SAJI CHACKO, S/O. CHACKO, AGED 34, RESIDING AT PULICKAL HOUSE, CHENKULAM KARA, BAISONVALLEY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (OR NO. 11 OF 2008 OF NACHIVAYAL FOREST STATION, MARAYOOR RANGE) PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 5717 of 2008 --------------------------------------------------- Dated this the 14th day of November, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 20(b) (ii) of the NDPS Act and Section 27 (i)(e)(iii) of the Kerala Forest Act. According to prosecution, A1 to A6 were found in the forest and A1 was found in possession of 1.490 kgs. of ganja. Except A2 and A4, other accused were arrested from the spot on 14.7.2008 and ganja was also seized. The persons who allegedly ran away are petitioners (A2 and A4). 3. Learned counsel for petitioners submitted that petitioners are brothers and they are absolutely innocent of the allegations made. They are falsely implicated at the instance of first accused with ulterior motive. The 2nd petitioner was not even present at the place of incident on on the alleged date of occurrence. He was attending a marriage which took place in the Sub Registrars' office, Rajakumari on the date and time of incident. Annexure A1 is a copy of the marriage agreement in which petitioner has signed as a witness on the same day at Sub Registrar Office, Rajakumari. The place of occurrence is 200 kms. away from the Sub Registrar's office. 4. Learned counsel for petitioners further submitted that 2nd accused owed an amount of Rs.23,000/- to first accused [B.A.No.5717/08] 2 and he demanded the money back while there was a quarrel and the first accused gave a complaint to the Mandalam Committee stating that 2nd accused had assaulted him. The matter was settled under the mediation of the President of Congress Mandalam Committee at Committee office. An agreement was also executed on the said date. Rs.3000/- was given to the first accused consequent to the settlement on the very same day. Annexure-2 is the complaint given by first accused against 2nd accused before the Committee and Annexure-3 the copy of settlement. The balance amount is yet to be given. In the light of this incident, petitioner deliberately implicated the 2nd accused and his brother in this offence. 5. This petition is opposed. Learned Public Prosecutor submitted that the incident was witnessed by various officials and they had seen the accused running away. Their names are mentioned in the mahazar.(Learned counsel for petitioners submitted that it is written in the mahazar that the names of 2nd and 4th accused were given by A3). 6. On hearing both sides, considering the rival contentions and on perusal of the documents, I am satisfied that petitioners have a strong and arguable case, which can be established only at the time of evidence. If petitioners are not granted anticipatory bail, it is likely that great injustice will be caused to them. Hence, I am satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed: [B.A.No.5717/08] 3 1) Petitioners shall surrender before the investigating officer within 7 days from today and make themselves available for interrogation and co- operate with the investigation. 2) In the event of arrest, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i) Petitioners shall report before the investigating officer as and when directed. ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail. Petition is allowed. K. HEMA, JUDGE. Krs.