IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 2905 of 2009() ----------------------- O.R. NO. 14 OF 2009 OF DEVIKULAM FOREST RANGE PETITIONERS/ACCUSED NO. 3 TO 5 ----------------------------- 1. DAS.K.J., S/O.JOSEPH, KOCHUNIRAPPEL MUNIYARA P.O., KONNATHADY VILLAGE, UDUMBANCHOLA TALUK. 2. SUKUMARAN K.G., S/O.GOPALAN, KUNNETHOTTATHIL HOUSE, DO. DO. 3. SAJEEVAN K.G., S/O.GOPALAN, KUNNETHOTTATHIL HOUSE, DO. DO. DO. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, DEVIKULAM FOREST RANGE OFFICE, IDUKKI DT. PUBLIC PROSECUTOR SRI.P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 2905 of 2009 * * * * * * * * * * * * * * * * * * Dated, this the 22nd day of March 2010 ORDER In this application filed under Sec. 438 Cr.P.C. the petitioners who are the accused in O.R. No. 14 of 2009 on the file of the Devikulam Forest Range Office in Moonnar Division for an offence punishable under Section 27(1)(d) of the Kerala Forest Act for allegedly cutting a removing a rosewood tree in the cardamom hill reserve which is a reserve forest notified under Sec. 18 of Regulation II of 1068 M.E., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to hold that the petitioners have not trespassed into the reserve forest and committed the offence alleged. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioners should not surrender before the Magistrate and seek regular bail. In case the petitioners surrender before the Magistrate concerned and file an application for regular bail within 2 weeks from today, the Magistrate shall consider and dispose of their application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. Sd/-V.RAMKUMAR,JUDGE.