IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1261 of 2008() ----------------------------- OR.NO.4/08 OF THODUPUZHA FOREST RANGE OFFICE, IDUKKI DISTRICT. PETITIONER --------------------------- PRADEEP, S/O.PRABHAKARAN, AGED 27 YEARS, RESIDING AT AKKARAKUNNEL HOUSE, PARAYANMALA BHAGAM, MALAYINCHI, UDUMBANNUR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, THODUPUZHA FOREST RANGE OFFICE, THODUPUZHA P.O., IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.1261 of 2008 ------------------------------------------------- Dated this the 3rd day of March, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations under the Kerala Forest Act. The crux of the allegations against the petitioner is that a teak tree in the forest was felled. It was cut into logs and some of them removed. It is alleged that such cutting and removal was done by the petitioner along with some other accused persons and the logs were to be used in connection with the construction of a house for the petitioner. A crime has been registered. Investigation is in progress. The recovery of all the relevant articles has already been effected. According to the petitioner, he is absolutely innocent. There is no worthwhile material whatsoever against him. Reliance is placed on the alleged statement of his mother. In any view of the matter, it is not necessary to insist that the petitioner must undergo arrest and incarceration. The petitioner shall co-operate with B.A. No.1261 of 2008 -: 2 :- the Investigator. According to the petitioner, he has been a member of a local youth orgnisation which actively fights against corruption of the officials and the degradation of the forest. Because of this, allegations are being raised against the petitioner now, it is urged. 2. The learned Public Prosecutor refutes all the contentions raised; but submits that the State has no objection against the grant of anticipatory bail to the petitioner subject, of course, to appropriate conditions which shall facilitate interrogation of the petitioner and secure the interests of a proper investigation. 3. I am satisfied that, in the facts and circumstances of this case, the petitioner can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to the facts in any greater detail in this order. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 10/3/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for B.A. No.1261 of 2008 -: 3 :- interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 11/3/08 and 12/3/08. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, he shall so make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (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 the petitioner were arrested prior to his surrender on 10/3/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 10/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge