IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 6676 of 2011() ----------------------------- O.R.No.5 of 2011 of Poongode Forest Range, Thrissur District. PETITIONERS/ACCUSED 1 & 2 : ----------------------------- 1. DHANESH, AGED 25 YEARS,S/O.RADHA, NELLIKKUNNU COLONY, THICHOOR VILLAGE, TALAPPILLY, THRISSUR. 2. RADHA, AGED 53 YEARS, NELLIKKUNNU COLONY, THICHOOR VILLAGE, TALAPPILLY, THRISSUR. BY ADV. SRI.C.A.CHACKO RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY FOREST RANGE OFFICER, POONGODE FOREST RANGE, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6676 of 2011 ---------------------------------------------- Dated this the 13th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in O.R.No.5 of 2011 of Poongode Forest Range, Thrissur District. 2. The offence alleged against the petitioners is under Section 27(1)(e)(iii)(iv) of the Kerala Forest Act. 3. When the Bail Application came up for admission on 29/09/2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 7th and 8th October, 2011. 5. Post on 13th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with O.R.No.5 of 2011 of Poongode Forest Range, till 17th October, 2011. Bail Appln.No.6676/2011 : 2 : 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. ” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 29/09/2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 29/09/2011 has been complied with by the petitioners, 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 `10,000/- (Rupees Ten thousand only) 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.6676/2011 : 3 : c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. e) 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 skj True copy P.A. to Judge