IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5394 of 2011() --------------------------------------- OR/21/2010 OF MACHIPLAVU POLICE STATION, IDUKKI. .......... PETITIONER/ACCUSED -------------------------------------- CHACKO KURIAKOSE, S/O.KURIAKOSE, PUTHENPARAMBIL, VELLARAMKUNNU P.O., KUMIL, PEERUMED TALUK. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T.SANKARAN, J. --------------------------------- B.A. No.5394 OF 2011 --------------------------------- Dated this the 19th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the 14th accused in O.R.No.21 of 2010 of the Machiplavu Forest Station, Idukki District. 2. The offence alleged against the petitioner is under Section 27(1)(e)(iii)(iv) of the Kerala Forest Act. 3. On 6.11.2011, the forest officials detected a stump of rosewood tree within the reserve forest. The prosecution case is that the rosewood tree was cut and removed by the accused in the vehicle owned by the petitioner. The learned Public Prosecutor submitted that the petitioner is the king pin in the offence. 4. The offence alleged against the accused is grave in B.A. No.5394 OF 2011 2 nature. In a case of this nature, if anticipatory bail is granted, it would seriously affect the proper and smooth investigation of the case. I do not think that this is a fit case were anticipatory bail can be granted to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms