IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 7509 of 2011(A) ----------------------------- PETITIONER/ACCUSED 2 ---------------------------------------- V.D.JOSE, S/O.DANIEL, VALIYAVEETTIL HOUSE, MUNDANMUDI BHAGAM, VANNAPURAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): STATE ------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (OR NO.11/2011 OF KALIYAR FOREST RANGE, IDUKKI DISTRICT). BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN,J. --------------------------------------- B.A. No. 7509 of 2011 ---------------------------------------- Dated this the 9th day of December, 2011 ORDER The petitioner, who is the 2nd accused in OR No.11/2011 of Kaliyar Forest Range, apprehending, arrest, detention and torture at the hands of the Investigation officer, filed this petition under Section 438 of the Cr.P.C. seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. The learned counsel for the petitioner submits that the petitioner is a timber merchant and that he purchased timber from the property in the possession of the 1st accused, on bonafide belief that the property and trees are belonging to the 1st accused and that the petitioner is prepared to co-operate with the investigation and to deposit Rs. 40,000/-(Rupees Forty thousand only) which was assessed as value of the cut down trees. In the above circumstance I find that it would be appropriate to release the petitioner on bail on conditions. 3. In the result, the petitioner is directed to surrender B.A. No. 7509 OF 2011 -2- before the investigating officer, namely Forest Range Officer, Kaliyar and deposit Rs. 40,000/-(Rupees Forty thousand only). Investigating Officer after interrogation and recovery if any; and on deposit as above, shall release the petitioner on bail on executing a bond for Rs. 20,000/- (Rupees Twenty thousand only) with two solvent sureties each for like amount to his satisfaction subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer as and when required. 2. Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them form disclosing such facts to the Court or to any police officer. 3. Petitioner shall not leave Idukki District without the previous permission of the Court. 4. This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating officer shall arrest the petitioner and produce him before the Magistrate. 5. The amount in deposit shall be subject to the final disposal of the case. P.S. GOPINATHAN, JUDGE. Kp/-