IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3400 of 2008() ----------------------------- O.R.5/2008 OF PONGANAMKAD FOREST STATION PETITIONERS/ACCUSED NOS. 2 & 3 ----------------------------------------------- 1. MAMACHAN, AGED 45 YEARS, S/O.ABRAHAM, ARAKKAL HOUSE, MACHATTY DESOM, MANALITHARA VILLAGE. 2. BINEESH, AGED 26 YEARS, S/O.YOHANNAN, KALLARAKKAL HOUSE, MOTTIKKAL DESOM, MADAKKATHARA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3400 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2008 O R D E R Application for anticipatory bail. 2. Petitioners are accused 2 and 3 in a case registered under section 27(1)(d)(e)(iii)(4) of the Kerala Forest Act. According to the prosecution, on 21-4-2008 some forest trees were cut and removed along with cashew trees from the forest land. 3. Learned Public Prosecutor submitted that application for anticipatory bail filed by the 1st accused was disposed of with a direction to him to surrender before the forest officials and on surrender, he was directed to be produced before the learned Magistrate. The petitioners are accused 2 and 3. The 2nd accused is the person who purchased the trees and the trees were transported in the vehicle of 3rd accused. It was also submitted that 1st accused is deleted from the array of the accused and hence no case will stand against the petitioners. This application is opposed. 4. The learned counsel for the petitioners submitted that the petitioners are only workers and they have nothing to do with the property and they have only acted as per the direction from the person who is the -2- owner of the property. Since they were asked to do re-plantation of cashew trees, they were engaged in slaughter cutting of the cashew trees from the property. 5. The learned counsel for the petitioner submitted that the petitioners are prepared to surrender before the forest officials and a direction may be given to produce them before the learned Magistrate on their surrender as in the case of the 1st accused. 6. Hence, the following order is passed:- 1. Petitioners shall surrender before the Forest Officer concerned within seven days from the date of this order and make themselves available for interrogation. 2. On the surrender of the petitioners, if they are arrested, they shall be produced before the Magistrate concerned in accordance with law. The application is disposed of accordingly. K. HEMA, JUDGE. mn.