IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Bail Appl..No. 5870 of 2009 O.R.NO.28 OF 2009 OF PARIYARAM FOREST RANGE PETITIONER: ACCUSED NO.3: --------------------------- SANDEEP, AGED 22 YEARS, S/O.RAJAN, VELAYATTUPARAMBIL HOUSE, MUNIPARA, PARIYARAM VILLAGE, MUKKUNDAPURAM TALUK, THRISSUR DIST. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: COMPLAINANT: --------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, PARIYARAM RANGE, (O.R.NO.28 OF 2009), CHALAKKUDI, THRISSUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5870 OF 2009 ------------------------------------------------------ Dated this the 30th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the third accused in O.R.No.28 of 2009 of Pariyaram Forest Range, Thrissur District. 2. The offence alleged against the petitioner is under Section 27(1)(e)(iv)(v) of the Kerala Forest Act. 3. The prosecution case is that on 25.8.2009, the accused persons were found loading sand in two tipper lorries. The sand was taken from Chalakudy river within the forest area. On seeing the forest officials, three of the accused persons jumped into the river and escaped. The petitioner was the driver of one of the lorries and he escaped as stated above. Two of the accused were arrested on the spot. 4. Taking into account the facts and circumstances of the case and the nature and gravity of the offence, I am of the view that B.A. NO. 5870 OF 2009 :: 2 :: this is not a fit case where anticipatory bail can be granted to the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/