IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Bail Appl..No. 3361 of 2008 ------------------------------------- (OR. NO. 3/2008 OF FOREST RANGE OFFICER, AZHUTHA) PETITIONER/ACCUSED --------------------------------- BABU THOMAS, S/O.THOMAS PARAKKATTUKUNNEL HOUSE, KORATHODU, ERUMELY BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENTS: COMPLAINANT --------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2008 ALONG WITH B.A. NO. 3732/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ---------------------------------------- B.A. Nos. 3361 & 3732 OF 2008 ---------------------------------------- Dated this the 4th day of June, 2008. O R D E R These petitions are for bail. 2. The alleged offences are under Sections 27(1)(e)(v) of the Kerala Forest Act and 27(1) and 29 of the Wild Life Protection Act. According to the prosecution, petitioner attempted to remove sand in a jeep from Azhutha river. 3. Petitioner filed a petition for anticipatory bail. Pending consideration of the same, he surrendered before the court below and he is remanded to judicial custody on 27.05.2008. Learned counsel appearing for the petitioner submitted that strictly speaking, no forest offence is attracted. The recovery is already effected and the petitioner is questioned also by the respondent. In the above circumstances, further detention of the petitioner may not be required for the purpose of investigation. 4. Learned Public Prosecutor pointed out that the petitioner was involved in another forest offence of similar nature three years back. However, he has no objection in granting bail to the petitioner on stringent conditions. B.A. Nos. 3361 & 3732/08 2 Hence, petitioner is granted bail on the following terms and conditions: 1. Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. 2. Petitioner shall report before the Investigating Officer on every Monday and Wednesday until further orders. 3. Petitioner shall not tamper with any evidence or influence or threaten any witnesses. 4. In case the petitioner is involved in any offence of similar nature, bail is liable to be canceled. 5. The request for anticipatory bail has become infructuous and hence rejected. Bail Application No.3361/2008 is dismissed and Bail Application No.3732/2008 is allowed. K. HEMA, JUDGE. smp