IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 136 of 2009(B) ------------------------------------ CRIME NO.546/2008 OF KORATTY POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- P.B.KUTTAN, PALLIKKATTIL HOUSE, MADAKKATHARA DESOM, MADAKKATHARA, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.136 OF 2009 ---------------------------- Dated this the 20th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 379 of I.P.C. According to prosecution, petitioner has cut and removed certain trees and committed the offence from the premises of Leprosy hospital. 3. Learned counsel for petitioner submitted that petitioner bid in the auction for cutting and removing some dried trees from the compound of Leprosy Hospital and an agreement was also executed for the same. Accordingly, he had cut and removed trees, in the presence of the employees in the hospital and as pointed out by them. But later, allegation was made that he had cut and removed more trees than what were agreed to be cut. Therefore, petitioner paid the value of the said trees to the Superintendent of the hospital and this was done on the strength of documents also. Annexure A to E will prove the bonafides of petitioner. But, a complaint is lodged under Section 379 of I.P.C., only with a view to harass petitioner, which presumably is done at the B.A.No.136 of 2009 2 instance of the forest officials, it is submitted. On hearing both sides and on going through the documents produced, I am satisfied that anticipatory bail can be granted to petitioner on conditions : Hence, the following order is passed. Petitioner shall surrender before the Magistrate court concerned within seven days from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac