IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2912 of 2009() ----------------------------- CRMP.4302/2008 of D.C.& SESSIONS COURT,THODUPUZHA OR.NO.5/08 OF MACHIPLAVU FOREST STATIN OF ADMILAY FOREST RANGE IN IDUKKI DISTRCT PETITIONERS -------------------- 1. BIJU, S/O. KUNJUMON, AGED 35 RESIDING AT PUTHENPURACKAL HOUSE, MACHIPLAVU, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK. 2. BINU, S/O. KUNJUMON, AGED 33, RESIDING AT PUTHENPURACKAL HOUSE, MACHIPLAVU, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK. 3. SHYJU, S/O. ELDOSE, AGED 28 YEARS, RESIDING AT EDAKUDIYIL HOUSE MACHIPLAVU, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK. 4. SHIJU , S/O. ELDOSE, AGED 24 YEARS, RESIDING AT EDAKUDIYIL HOUSE, MACHIPLAVU, MANNAMKANDAM VILLAGE, DEVIKULAM. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, FOREST STATION, ADIMALY, IDUKKI DIST.\ PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2912 of 2009 ----------------------------------------- Dated this the 4th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in O.R.No.5/08 of the Machiplavu Forest Station of Adimaly Forest Range in Idukki District. 2. The offences alleged against the petitioner are under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act. 3. The prosecution case is that on 17.8.2008, the petitioners trespassed into the reserve forest and cut down trees and they attempted to remove the timber. The details of the trees cut have been stated in the mahazar. The petitioners could not be arrested as they ran away. The learned counsel for the petitioners submitted that the case is foisted against the petitioners due to political reasons. 4. Taking into account the facts and circumstances of the case, the nature and character of the offences and other BA.2912/09 2 circumstances, I do not think that the petitioners are entitled to the discretionary relief under Section 438 Cr.P.C. The bail application is accordingly dismissed. K.T.SANKARAN, JUDGE vgs.