IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1722 of 2008() ----------------------------- O.R. 7/07 OF AGUSTHYA VANAM BIOLOGICAL PARK, KOTTOOR, NEDUMANGAD PETITIONERS ---------------------------- 1. YESUDAS, S/O.SANKARAN NADAR, SHYJU BHAVAN, KUTTUKUZHI, UTHRAMCODE, KOTTOOR P.O., NEDUMANGAD. 2. VINCENT VARGHESE, S/O.VARGHESE, KOCHUKONATHU VEEDU, KOTTOOR P.O. NEDUMANGAD. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1722 OF 2008 ```````````````````````````````````````````````````` Dated this the 24th day of March, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.3 and 16 respectively in a crime registered under the Kerala Forest Act. One 'Anjili' tree standing in the reserve forest was cut and removed by accused Nos.1 and 2. Crime has been registered against them. Later, accused Nos.3 and 16 have been arrayed as accused. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They have been brought on the array of accused without any justification and with malafide intent. The allegation against the 3rd accused is only that his vehicle was used by his driver for transportation of the logs cut and removed. Allegation against the 16th accused is only that he had helped in the loading and BA.1722/08 : 2 : unloading of the logs of wood. The petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of the case, that anticipatory bail can be granted to the petitioners. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 31.3.08. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for BA.1722/08 : 3 : interrogation before the investigating officer between 10 a.m and 1 p.m on 1.4.08 and thereafter as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 31.3.08, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 31.3.08. (R.BASANT, JUDGE) aks