IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Bail Appl..No. 5384 of 2008() ----------------------------- CRIME NO.1/2008 OF KOTTIYOOR FOREST RANGE, KANNUR DIVISION PETITIONER : ACCUSED ------------------------ HAMEED, S/O. MAMMU, ZEENATH MANZIL, P.O. ULIYIL, VIA MATTANNUR, KANNUR - 670702. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY FOREST RANGER, KOTTIYOOR FOREST RANGE, KANNUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5384 of 2008 ------------------------------------------------------- Dated this the 1st day of September, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the respondent Forest Official and party seized 13 pieces of teak logs from the property of one T.K.Abdul Rasheed, on the allegation that it was transported by the first accused on behalf of the second accused, who is the petitioner herein. A case is now being investigated into, under Section 27(1)(d), 52 and 61(A) of Kerala Forest Act. 3. Learned counsel for the petitioner submitted that the contraband articles were seized from the property of one T.K.Abdul Rasheed. The said person is also having a saw mill in the same locality. But, he is now working abroad. Petitioner has nothing to do with the property from which the article was seized or even the articles seized. He was only a mahazar witness and he has signed the mahazar as a witness. But, now the petitioner's name i deliberately implicated with the crime allegedly, on the confession made by the first accused. There is no other materials to connect the petitioner with the crime. 4. The article was seized from the property of Sri.T.K.Abdul Rasheed and the fact that the said Sri.T.K.Abdul Rasheed is having a BA No.5384/08 2 saw mill was mentioned in the mahazar itself and in all probabilities, the article belong to him. But, the said person is not even made an accused. Learned counsel for the petitioner also submitted that a search was conducted in the saw mill conducted by the petitioner and no contraband article was seized from his saw mill. Hence, anticipatory bail may be granted, it is submitted. 5. On hearing both sides, I find that it is fit and proper to pass an order which will take care of the interests of both sides. Hence, the following order is passed: (i) Petitioner is directed to surrender before the Investigating Officer within seven days from today and make himself available for interrogation. (ii) Thereafter, in the event of arrest, if any, petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will co-operate with the investigation and report before the Investigating Officer as and when directed and he shall not tamper with evidence, influence or threaten any witness. The petition is allowed. K.HEMA, JUDGE csl