IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5639 of 2009() ----------------------------- OR NO.24/2009 OF MUKKALY FOREST STATION UNDER ATTAPPADI FOREST RANGE PETITIONERS/ACCUSED NOS.3,4,5 ----------------------------------------------- 1. MANTHRI @ VELLA, S/O. SHNKAN AGE 45 YEAR S, THAZHE ABANNOOR, PADAVAYAL VILLAGE, THAVALAM.P.O. ATTAPPADY, MANNARKKAD. 2. RANGAN, S/O. MARUTHAN, AGED 24 YEARS, THAZHE ABANNOOR, PADAVAYAL VILLAGE, THAVALAM.P.O. ATTAPPADY, MANNARKKAD. 3. KURUMBAN, S/O. KUNJAN, AGED 25 YEARS, THAZHE ABANNOOR, PADAVAYAL VILLAGE, THAVALAM.P.O. ATTAPPADY, MANNARKKAD. BY ADV. SRI.V.A.AJAI KUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY RANGER, MUKKALI FOREST STATION, ATTAPPADI FORE RANGE, ATTAPPADY, MANNARKKAD. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5639 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.3, 4 and 5 in O.R.No.24 of 2009 of Mukkaly Forest Station under Attappadi Forest Range. 2. The offence alleged against the petitioners is under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act. 3. The allegation is that on 8.9.2009, a viri tree and a rosewood tree were cut and removed from the reserve forest. According to the prosecution, all the accused were involved in the offence. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and other circumstances, I do not think that this is a fit case where the discretionary relief under Section 438 of the Crl.P.C. could be extended in favour of the petitioners. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl