IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7343 of 2008() ------------------------------------ OR NO.07/2008 OF OLAVAKKODE FOREST RANGE APPLICANT/ACCUSED NO.2 : ---------------------------------- SUBAIR, S/O.MUHAMMED KOLLARATHODI HOUSE, CHERUKODE PO., KOPPAM, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP. THE FOREST RANGE OFFICER, OLAVAKKODE. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7343 OF 2008 ------------------------------ Dated this the 8th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. According to prosecution, 7 kg. of sandal wood were seized from the house of first accused. On investigation, it is revealed that this was stocked for sale to be effected to second accused. Petitioner is the second accused. 3. Learned counsel for petitioner submitted that except the confession statement, there is no other material against petitioner. There is absolutely nothing to connect petitioner with the crime. The alleged offence involved is under section 27(1)(d) of Kerala Forest Act but going by the language of the provision, petitioner cannot be fastened with any criminal liability. He has not received any articles or he was not in possession of any contraband articles. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer and subject to that, he has no objection in granting anticipatory bail. B.A.No.7343 of 2008 2 On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed. 1) Petitioner shall surrender before the Investigating Officer within 7 days from today and make himself available for interrogation. 2) Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on the following conditions : i) Petitioner shall report before the Investigating Officer and co-operate with investigation as and when directed. ii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac