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. 6791 of 2011 O.R.NO.4 OF 2011 OF NACHIVAYAL FOREST STATION, IDUKKI DISTRICT APPLICANT/3RD ACCUSED ----------------------------------------- ABOOBACKER,AGED 30 YEARS, S/O.ABDUL RAHIMAN,MUNDAKKAL HOUSE, PO:KARUVAMBRUM, KIDANGAZHI,MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, (REPRESENTING DEPUTY RANGER,FOREST STATION, NACHIVAYAL.P.O,O.R.NO:4/2011) PUBLIC PROSECUTOR 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. ------------------------------------------------------ Bail Appl. NO. 6791 OF 2011 ------------------------------------------------------ Dated this the 2nd day of September, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in O.R.No.4 of 2011 of Nachivayal Forest Station, Idukki District. 2. The offences alleged against the petitioner are under Sections 27(1)(e)(iii), (iv) and 47G of the Kerala Forest Act. 3. The prosecution case is that accused Nos.1 and 2 were directed by accused Nos.3 and 4 to cut and remove sandal wood from the reserve forest and supply the same to accused Nos.3 and 4. It is alleged that in furtherance of the object, accused Nos.1 and 2 entered into the reserve forest on 23.4.2011 and partly cut a sandal wood tree. At that time, the forest officials reached the spot and apprehended accused Nos.1 and 2. A belt saw was also recovered from the scene of occurrence. BAIL APPL. NO. 6791 OF 2011 :: 2 :: 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/