IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Bail Appl..No. 6668 of 2008() ----------------------------- CR.NO.78/2008 OF CHEEMENI POLICE STATION PETITIONER/ACCUSED -------------------------------------- DEVASIA SCARIA, AGED 55 YEARS, S/O.SCARIA, PATHILCHIRA, THURAV, CHEEMENI P.O., KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.78/2008 OF CHEEMENI POLICE STATION), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6668 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 379, 120B and 109 IPC. According to prosecution, in the month of June – July, 2008 1st accused cut and removed trees from the estate of Plantation Corporation, pursuant to an auction agreement. But, it is alleged that trees in excess of the allotted trees were cut and removed, violating the agreement and thereby causing a loss to the Corporation. Petitioner acted in conspiracy with 1st accused. Petitioner is the 3rd accused who is the Supervisor working in the same estate. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He was, in fact, transferred from Cheemeni block on 24-6-2008 (vide Annexure- AII) and he was not in any way connected with the removal of the trees. Even while he was working in Cheemeni block, he was not given the list of trees, which were to be cut and removed. The Estate Manager and Block Supervisor used to visit the site and they were satisfied of the nature of trees which were cut and BA 6668/08 -2- removed. Passes were also issued by the Manager himself to transport trees. All these facts were stated by him in the explanation given by him to the management (Annexure-AIV). Petitioner was suspended from service, on account of the allegations made in this case, but after receiving the explanation Annexure-AIV, he was reinstated by the management, though the enquiry is proceeded with. Annexure-AVI is the order dated 26-9- 2008 issued reinstating petitioner. In such circumstances, petitioner may be granted anticipatory bail, it is submitted. 4. On hearing both sides, I am satisfied that petitioner can be granted anticipatory bail on conditions. 5. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer and co-operate with the investigation and make himself available for interrogation. (2) Thereafter, in the event of his arrest, if any, he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on the following conditions:- i) Petitioner shall report before the BA 6668/08 -3- Investigating Officer as and when directed. ii) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.