IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6403 of 2011() ----------------------------- O.R.NO.5 OF 2011 OF KODUMPUZHA FOREST STATION, MALAPPURAM DT. PETITIONER/ACCUSED 1 ---------------------------------------- T.P.VIJAYAN, S/O.ARAMUGHAN, PATTANMARTHODI HOUSE, MOOCHIKKAL POST, VELLUVAMBRAM, MALAPPURAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SMT.LATHA PRABHAKARAN SMT.DHANYA S.DHARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): COMPLAINANT - STATE ---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6403 OF 2011 --------------------------------- Dated this the 2nd day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.1 in O.R.No.5 of 2011 of Kodumpuzha Forest Station, Malappuram District. 2. The offences alleged against the petitioner are under Sections 47(C)(1), 47D and 47F of the Kerala Forest Act. 3. When the Bail Application came up for admission on 23rd August, 2011, the following order was passed: “3. The prosecution case is that on 23.6.2011, 20 pieces of sandalwood were seized from the family crematorium of the first accused and 100 kgms. of sandalwood were seized from the house of accused No.2. It is alleged that sandalwood was unauthorisedly cut and removed without any permission from the forest authorities. B.A.No.6403 OF 2011 2 4. It is stated that accused No.2 was granted anticipatory bail by the learned Sessions Judge, Manjeri, as per the order dated 30th June, 2011 in Crl.M.C.No.753 of 2011. The learned senior counsel for the petitioner submitted that some statements are allegedly given by one Mohanan who is on inimical terms with the petitioner. It is also submitted that there are certain disputes with respect to the family temple and the petitioner has been implicated in the case on account of such dispute. 5. The learned Public Prosecutor very vehemently opposed the Bail Application. He submitted that near the area, there was a sandalwood extraction factory which was shut down in 2005. The smugglers of sandalwood were supplying sandalwood to this factory. 34 cases of sandalwood were booked connected with sandalwood smuggling in the Kodumpuzha Forest Station. 6. Taking into account the facts and circumstances of the case and also taking into account the fact that anticipatory bail was granted to accused No.2, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 28.8.2011 and 29.8.2011. 7. Post on 2.9.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with O.R.No.5 of 2011 of Kodumpuzha Police Station, till 3rd September, 2011. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a B.A.No.6403 OF 2011 3 copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 23rd August, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 23rd August, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Monday, till the final report is filed; b) The petitioner shall appear before the B.A.No.6403 OF 2011 4 investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. f) The petitioner shall cooperate with the investigating officer in the matter of investigation. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms