IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3161 of 2009() ----- ----------------------------- O.R.NO. 5/2009 OF MURINJAPUZHA FOREST STATION, IDUKKI DISTRICT .......................L....... PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. R.RAJESH, AGED 39 YEARS, S/O. NAGARAJAN, INDIRA BHAVAN, VANDIPERIYAR, PEERUMEDU. 2. DURAI RAJ, AGED 57 YEARS, S/O. RANGASWAMI, REMYA BHAVAN, VANDIPERIYAR, PEERUMEDU. BY ADV. SRI.T.A. UNNIKRISHNAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3161 of 2009 ------------------------------------ Dated this the 28th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners, Rajesh, S/o. Nagarajan and Durai Raj, S/o. Rangaswami were accused Nos.2 and 3 in O.R. No. 5/2009 of Murinjapuzha Forest Station, Idukki. One George was the first accused in that crime. Crime Nos.5, 7 and 8 of 2009 were also registered, in which George was the first accused. Later, all these crimes were consolidated and numbered as O.R. No.8/2009. The rank of the petitioners Rajesh and Durai Raj is not discernible. 2. The allegation is that George cut and removed teak trees from the Reserve Forest. Rajesh and Durai Raj purchased the teak timber from George for the construction of house for Rajesh. The petitioners submitted that George is a timber merchant and Rajesh and Durai Raj were not aware of any offence committed by George. The petitioners submitted that they are innocent of the crime and there is not even any allegation that they were parties to the cutting of trees from B.A. No. 3161/2009 Page numbers the Reserve Forest. It would appear that the petitioners, who were accused Nos. 2 and 3 were arrested by the forest officials and they were released on bail by the investigating officer. It is submitted that the investigating officer was not entitled to release the petitioners on bail. It would appear that the learned Magistrate noted this defect. Now the petitioners apprehend that they would be arrested in connection with either Crime No.5/2009 or consolidated crime, namely, Crime No.8/2009. 3. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the B.A. No. 3161/2009 Page numbers evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm