IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Bail Appl..No. 7723 of 2010() ------------------------------------------ (CRIME NO.587/2010 OF ALATHUR POLICE STATION,PALAKKAD DISTRICT) ....... APPLICANT/ACCUSED: ------------------------------------- SWAMINATHAN, AGED 36 YEARS, S/O.PARAMESWARAN, KARYATTU HOUSE, BEMMANNUR, PARUTHIPULLY P.O., PALAKKAD DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, ALATHUR. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7723 of 2009 ------------------------------------ Dated this the 26th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in O.R. No.27/2009 of Alathur Forest Range, Palakkad. 2. The offence alleged against the petitioner is under Section 27(1)(e)(iv)& (v) of the Kerala Forest Act. 3. The prosecution case is that on 3/12/2009, accused Nos. 1 and 2 trespassed into the forest area, adjoining the property of the 3rd accused and removed soil by using JCB. It is alleged that the soil was removed from an area having 10 metres length, 4 metres width and 2 meters depth. The petitioner is having property near the forest area. It is also submitted by the learned Public Prosecutor that he runs a quarry near the forest area. It is alleged that the soil was removed with the connivance and knowledge of the petitioner. 4. The learned counsel for the petitioner submitted B.A. No.7723 /2009 2 that the petitioner is the President of a Panchayath and that he belongs to a particular political party. According to the petitioner, the case was initiated on political considerations and at the instance of the members of rival political parties. 5. The learned Public Prosecutor submitted that the petitioner is involved in O.R. Nos.10/2008, 18/2008, 27/2009, 28/2009 and 42/2009 of Alathur Forest Range, Palakkad. The present case relates to O.R.No.27/2009. The learned Public Prosecutor also submitted in O.R. No.10/2008, as per the order in B.A. No.6546/2008, anticipatory bail was granted to the petitioner on 10/11/2008. One of the conditions imposed therein was that the petitioner should not commit any offence while on bail. It is alleged that the offence in the present case was committed after the order dated 10/11/2008 in O.R. No.10/2008. In all the cases referred to above, the case against the petitioner is that he trespassed into the portions of the forest area, removed granite or removed soil or done some other mischief causing loss to the Government. The facts and circumstances of the case indicate that the allegation is that the B.A. No.7723 /2009 3 petitioner is regularly involved in forest offences. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm