IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 188 of 2009(A) ---------------------------------------- (O.R. NO.41/2008 OF KOTTIYOOR FOREST RANGE) ............... PETITIONER: ------------------- BALRAJ, AGED YEARS, S/O.PANKAJAKSHAN NAMBIAR,NIRAJ NIVAS, KEEZHOOR VILLAGE, PUNNAD DESOM, THALASSERY. BY ADV. SRI.A.T.ANILKUMAR. RESPONDENT: --------------------- FOREST RANGE OFFICER, KOTTIYOOR RANGE, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 188 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 27(1)(d), 27(1) IV, III, 52 and 61A of the Kerala Forest Act. According to prosecution, a search was conducted in the house of petitioner on 27-12-2008 by the forest officials and 500 kg. of cinnamon bark in nine sacks were seized from the house. Petitioner ran away from the house. According to prosecution, the article seized is a forest produce. 3. Learned counsel for petitioner submitted that this is a false case and a politically motivated one. Petitioner is innocent of the allegations made. There is nothing to show that article allegedly seized is a forest produce but it is cultivated in private land also, it is submitted. No mahazar is prepared to show that these are collected from the forest and therefore, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that article seized is a forest produce and investigation is going on to find out the actual source. The petitioner was present at the scene, when the search was made. He ran away and huge quantity of articles were seized from the BA 188/09 -2- house of petitioner. It is not a fit case to grant anticipatory bail, especially when the investigation is being conducted into the exact source of the article in the absence of an explanation by the accused. 5. On hearing both sides, I am satisfied that considering the nature of allegations made, it is not a fit case to grant anticipatory bail. Nothing is pointed out to show that the forest officials had any motive to falsely implicate petitioner in an offence of this nature. Petitioner shall surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.