IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Bail Appl..No. 5300 of 2008(B) ------------------------------------- O.R.NO.24/2008 OF KANCHIYAR FOREST STATION APPLICANTS/ACCUSED : ----------------------------- 1. BAINU THOMAS, S/O.THOMAS KALLUMAKKAL HOUSE, THANKAMANI PO., THANKAMANI. 2. BINU JOSEPH, S/O.JOHN, PULLUKKATTUPARAMBIL, THANKAMANI PO., THANKAMANI. 3. SUBIN JACOB, S/O.CHACKO PUNNAPLACKAL, NALLIPPARA PO., NALUMULA. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REP. BY FOREST RANGE OFFICER KANCHIYAR FOREST STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5300 OF 2008 ------------------------------ Dated this the 17th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 27(I),3, iii of Kerala Forest Act and under Section 5(I) and (9) of Kerala Preservation of Trees Act. According to prosecution, the petitioners, who are accused Nos.4 to 6, purchased a rose wood tree from the first accused and it was cut down at their instance and when it was being removed, the forest officials detected the crime and the tree was removed and the crime was detected by forest officials and a crime was registered under various Sections as stated above. The second accused is the person who mediated into the transaction and the third accused is the driver of the jeep, in which, the tree was transported. 3. Learned counsel for the petitioners submitted that the offence under Section 27 is the only non bailable offence, in this case. But, the said offence is not attracted, since even as per the allegations in the prosecution records, the tree was standing in B.A.5300 of 2008 2 the “Cardamom hill reserve”. Only if a tree is cut and removed from a “forest”, the offences will be attracted. Admittedly, the hill reserve is in the possession of the first accused, from whom, the petitioners allegedly purchased the tree. It is also submitted that the petitioners have not cut the tree, but only a dry tree was removed and the prosecution records will show that it was a dry tree. It is also pointed out that if a rose wood tree is cut and removed from Cardamom hill reserve, only a permission need be taken from the authorities for such removal and if such permission is sought for, the authorities are bound to give the same, as per section 5 of Kerala Preservation of Trees Act. Probably, the first accused did not take such permission, and that is the only reason for registering the case, and the offence under Section 27 is included, with a view, to harass the petitioners, it is submitted. 4. Learned Public Prosecutor submitted that the offences are serious in nature. The place from where the tree is removed is not a patta land and it can therefore, be treated as a government land and it is a part of the reserved forest and therefore, the B.A.5300 of 2008 3 offence is clearly attracted. As per the allegations, the tree was cut and thereafter it was removed and the offence was detected only much later and by the time, the tree became dry but it does not mean that no offence is committed. Taking into consideration, the serious nature of the offences committed, anticipatory bail may not be granted, it is submitted. On hearing both sides, I find that there is an arguable case, regarding the nature of the property from where the tree was cut and the involvement of Section 27 of Forest Act which is the only non-bailable offence. In the above circumstances, I find that it is fit and proper to grant anticipatory bail and the following order is passed : The petitioners shall surrender before the Investigating Officer within 7 days from today and in the event of their arrest, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on the following conditions : B.A.5300 of 2008 4 i. The petitioners shall make themselves available for interrogation as and when directed. ii. The petitioners shall co-operate with the investigation. iii. The petitioners shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac