IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 3933 of 2009() ----------------------------- OR NO.21/09 OF CHALAKUDY FOREST RANGE PETITIONER/ACCUSED -------------------------------------- BALAN, AGED 56 YEARS, KATTUNADATHIL HOUSE, THUMBOORMUZHI, THRISSUR DIST. BY ADV. SRI.A.S.RAJENDRAN NAIR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FOREST RANGE OFFICER, CHALAKUDY FOREST RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3933 of 2009 --------------------------------------------- Dated this the 11th day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.7 in OR No.21 of 2009 of Chalakudy Forest Range. 2. The offence alleged against the petitioner is under Section 27(1)(e)(iii)(iv) of the Kerala Forest Act. 3. The crime was registered on 26.6.2009. It is alleged that within a period of two weeks prior to that date, accused numbers 1 to 6 had cut and removed six teak trees from the teak plantation belonging to the Government. They were arrested. Some of the accused persons gave statement that the timber was agreed to be purchased by the seventh accused. A search was conducted at the residence of the seventh accused. But, no incriminating materials could be recovered from his house. However, sawn timber were found near a culvert close to the house of the petitioner. The petitioner apprehends arrest. 4. Learned counsel for the petitioner submitted that BA No.3933/2009 2 there is no material to connect the petitioner with the offence. The petitioner is working as a clerk in a Co-operative Society. If he is arrested, he will be put to great hardship. 5. It is not necessary to render a finding at this stage as to whether there are materials to connect the petitioner with the offence. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Sunday, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in BA No.3933/2009 3 any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl