IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6423 of 2008(A) -------------------------------------- OR(OFFICE REPORT) NO.14/2008 OF KANHANHAD FOREST RANGE OFFICE PETITIONER : ---------------- RAJU K.LUKOSE, S/O.LUKOSE, AGED 40 YEARS, ULKATTIL HOUSE, CHULLIKKARA, KALLAR VILLAGE. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENTS : -------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, KANHANGAD, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6423 OF 2008 ------------------------------ Dated this the 6th day of November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 27(i)C(iv) and (iii) and 27(i)d of Kerala Forest Act and Section 5(c) of Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003 (Act 21/2005). According to prosecution, accused nos. 2 to 7 cut down two rose wood trees from a forest and those were sold to first accused. Petitioner is the first accused. He had allegedly purchased the contraband article knowing it to be cut from the forest. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He has been implicated on the basis of the confession statement given by the other accused. The petitioner is a small scale wood merchant. He was not aware whether the article is a contraband item or not. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the case diary, the petitioner has purchased the contraband articles knowing it to be a prohibited article. It is also submitted that the contraband articles are not B.A.6423 of 2008 2 yet recovered and hence, petitioner's interrogation will be required for the purpose of recovery. The incident occurred as early as on 27.08.2008 and the investigation is in a stand still. On hearing both sides, I do not find any special circumstances to grant anticipatory bail to petitioner. As per the materials in the case diary, he purchased the contraband articles knowing that those were cut and removed from the forest. Those articles are to be seized, for which, petitioner would be required by the investigators for interrogation. The incident occurred as early as on 27.08.2008 and he was not available for investigation. Petitioner has not surrendered before the Investigating Officer or before the Magistrate court concerned so far. Hence, petitioner is directed to surrender before the Investigating Officer without delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him at any time. With this direction, this petition is dismissed. K.HEMA, JUDGE pac