IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 403 of 2008() ---------------------------- OR NO.2/07 OF AZHUTHA FOREST RANGE. PETITIONER/2ND ACCUSED --------------------------------------- SUDHI, S/O RAGHAVAN, KUMBAPILLY HOUSE, THAPPIKADAVU BHAGOM, PEERMEDU. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 403 OF 2008 ------------------------------------------------- Dated this the 29th day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered under the Kerala Forest Act. The crux of the allegations against the petitioner (A2) is that he, along with two others, was engaged in the act of removing a fallen tree which tree stood in a property assigned to the 1st accused. Accused 1, 2 and 3 (A3 still remains unidentified) were allegedly engaged in the attempt to remove the said fallen tree. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He was not present at the scene. It is a case of wrong identification. Even assuming that the allegations to be true, considering the nature of the allegations, the petitioner does not deserve to suffer the B.A. No. 403 OF 2008 -: 2 :- trauma of arrest and incarceration. The petitioner may be granted anticipatory bail. Any appropriate conditions may be imposed, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor reads from the seizure mahazar and stipulates that there is no case that the tree was felled. It was only a fallen tree standing in the property assigned to the 1st accused subject to certain conditions. That tree was attempted to be removed. 4. I am satisfied that anticipatory bail can be granted to the petitioner. Appropriate conditions can be imposed to ensure the interests of a fair, efficient and expeditious investigation. 5. 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 5/2/08. 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 interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 6/2/08 and 7/2/08. Thereafter the petitioner shall B.A. No. 403 OF 2008 -: 3 :- appear 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 5/2/08 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 5/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge