IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl.No. 2091 of 2008() ----------------------------- (OR No.1 of 2008 OF THE MAYANOOR FOREST STATION OF THE WADAKKANCHERY FOREST RANGE) .................... PETITIONER/3RD ACCUSED : --------------------------------- ABDUL RAHIMAN @ THAKAMANI, S/O.THANGALKUTTY RAVUTHER, ANTHRANGOTTIL HOUSE, CHELAKKARA VILLAGE, DESOM, THALAPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2091 OF 2008 F ```````````````````````````````````````````````````` Dated this the 4th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the 3rd accused. Altogether there are three accused persons. The crime is registered under the provisions of the Kerala Forest Act. The allegation is that accused 1 and 2 cut a teak tree and removed logs from the reserve forest. The petitioner is alleged to have purchased the teak logs for an amount of Rs.2,750/- from accused 1 and 2. That is the only allegation made against the petitioner. Accused 1 and 2 are brothers, it is submitted. 2. The learned Public Prosecutor submits that it appears that there is no case at all that the petitioner had any role in the trespass or the cutting down of the trees and the removal of the logs. He had only purchased the logs later, it is conceded. BA.2091/08 : 2 : 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11.4.2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 1 p.m on 15.4.2008 and thereafter he shall appear as and when directed by the investigating officer in writing to do so. BA.2091/08 : 3 : (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 11.4.2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11.4.2008. (R.BASANT, JUDGE) aks