IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Bail Appl..No. 6289 of 2008() ----------------------------- CMP.2989/2008 of DISTRICT COURT, PALAKKAD O.R.NO.10/08 OF OTTAPPALAM FOREST RANGE PETITIONER -------------------- ABDUL REHIMAN, AGED 35 YEARS, PUTHENPEEDIKAYAIL HOUSE, NELLIKUNNU, MULAYOOR P.O., PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE FOREST RANGE OFFICER, OTTAPALAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6289 of 2008 ----------------------------------------- Dated this the 14th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act. According to prosecution, the petitioner, along with the first accused, had gone in an auto rickshaw for the purpose of cutting a Sandalwood tree. The auto rickshaw was found parked by the side of the forest and the driver was found in the forest and on questioning, it is revealed that the petitioner had gone inside the forest to cut the Sandalwood. On examination, it was found that a Sandalwood tree was cut, but the petitioner could not be arrested. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. The prosecution is only creating a story of cutting a Sandalwood tree. The tree allegedly cut is only worth Rs.1,000/-, even according to prosecution. The said tree cannot be used for any purpose for which Sandalwood is used. It is also submitted BA.6289/08 2 that the petitioner could not be traced out in the forest, even according to the prosecution case. He was at that time present in the hospital along with his wife as evidenced by the medical certificate issued from the hospital, which is marked as Annexure-A. It is also submitted that the only material to connect the petitioner with the offence is the statement allegedly given by the first accused, who is an auto rickshaw driver. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner is required for investigation and the offence alleged is of serious nature. The petitioner is actually involved in the crime as stated by the first accused. 5. On hearing both sides, it is clear that the only material available to connect the petitioner with the crime is the statement given by the first accused. The Sandalwood tree allegedly cut is only worth Rs.1,000/-, which means, the tree must be very small one. Though I am not inclined at this stage to rely upon Annexure-A to support the plea of alibi, on the facts and circumstances of the case, I think it fit to grant anticipatory bail on conditions. BA.6289/08 3 Hence, the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and make himself available for interrogation and co- operate with the investigation and in the event of his arrest, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed. ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.