IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6647 of 2011() ----------------------------- OR.16/2011 of FOREST OFFICE, ALATHUR RANGE PALAKKAD DISTRICT .................... APPLICANT/ACCUSED -------------------- CHACKOCHAN MATHEW, AGED 63 YEARS, S/O.MATHEW, KATTAMKOTTIL HOUSE, PALAKKUZHI P.O., KIZHAKKENCHERY VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.TITUS JOSEPH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE FOREST RANGE OFFICER, ALATHUR RANGE OFFICE, ALATHUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6647 of 2011 ---------------------------------------------- Dated this the 31st day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in O.R.No.16 of 2011 of Forest Office, Alathur. 2. The offence alleged against the petitioner is under Section 27(1)(e)(iii)(iv) of the Kerala Forest Act. 3. When the Bail Application came up for admission on 20/08/2011, the following order was passed: “3. The allegation is that the petitioner encroached upon the forest land and cut and removed the undergrowth in three cents of land and planted the area with pepper. The learned counsel for the petitioner submitted that the petitioner is having an extent of one acre twenty cents of land in that area and the area from where the undergrowth was cut belongs to him. It is not necessary to resolve that dispute in this Bail Application. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the Bail Appln.No.6647/2011 : 2 : investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 25/08/2011 and 26/08/2011. 5. Post on 31/08/2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with O.R.No.16 of 2011 of Forest Office, Alathur, till 02/09/2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 20/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 20/08/2011 has been complied with by the petitioner, 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 shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the Bail Appln.No.6647/2011 : 3 : 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 all alternate Mondays, 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 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 skj