IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Bail Appl..No. 6258 of 2011() ----------------------------- PETITIONERS/ACCUSED --------------------------------------- 1. UNNIKRISHNAN,AGED 32 YEARS,S/O.GOPALA PILLAI,MARUTHANAL VEEDU,RANNI PERUNAD.P.O & VILLAGE,RANNI VILLAGE & TALUK,PATHANAMTHITTA DISTRICT. 2. RAJESH KUMAR,AGED 40 YEARS,S/O.SUKUMARAN NAIR,PLANTHOTTATHIL HOUSE,RANNI PERUNAD.P.O & VILLAGE,RANNI VILLAGE & TALUK,PATHANAMTHITTA DISTRICT. 3. MURALEDHARAN,AGED 47 YEARS, S/O.CHANDRASEKHARAN,NEETHU BHAVAN,KONCHIRA, P.O.VEMBAYAM,THIRUVANANTHAPURAM. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): COMPLAINANT / STATE ------------------------------------ 1. THE DEPUTY RANGER,PLAPPALLY FOREST STATION,PATHANAMTHITTA DISTRICT,PIN-686845. 2. STATE OF KERALA,REPRESENTD BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------- B.A.No.6258 of 2011 --------------------------------------- Dated this the 18th day of August, 2011 ORDER This is an application for anticipatory bail filed under section 438 of Code of Criminal Procedure. The petitioners, three in number, are stated to have been given license by the Devaswom Board to carry out commercial activities putting up sheds beside the trekking path, on the way to Sannidhanam from Pamba. They continued to operate such business in the temporary sheds put up by them beyond the license period despite notice issued by the Forest Department whose permission was also necessary to carry out the business activities in that area, which is a reserve forest area, is the gist of the allegation imputed to proceed against them for offences under Sections 27(1) (e) (i) & (iv) of the Kerala Forest Act and section 2(ii) of the Kerala Forest Conservation Act, 1980. Apprehending arrest they have moved the aforesaid application for pre arrest bail. 2. I have heard the learned counsel for the petitioners and also the learned Public Prosecutor. 3. Considering the submissions made I find that the B.A.No.6258 of 2011 application can be disposed of with a direction to the petitioners to appear before the competent Magistrate before whom the complaint has been filed and seek for regular bail. If any such application is moved, the learned Magistrate shall dispose of such application, taking note of the fact that the offences imputed as under Section 27 of the Kerala Forest Conservation Act, 1980, are impoundable by the competent officer of Forest Department as under Section 68 of the above Act. So far as the offence imputed under Kerala Forest Conservation Act the penalty is only for imprisonment for 15 days. Continuance of operations of the commercial activities despite notice issued, failure to remove the sheds putting up, that alone, constitute the offences imputed against the petitioners. Such being the case if any application is moved by the petitioners for regular bail, the learned Magistrate shall consider and dispose the application, preferably, on the same day itself. Subject to the above observations this petition is closed. sd/- S.S.SATHEESACHANDRAN, JUDGE. rkc //TRUE COPY// PA TO JUDGE