IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1347 of 2008() ----------------------------- [CRIME NO.30/08 OF CHELAKKARA POLICE STATION] : APPLICANT/ACCUSED: ----------------------------------- SANTHOSH CHERIYAN, AGED 32 YEARS, KUNJUKATTIL HOUSE, VENGANELLUR, TALAPPILLY, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1347 of 2008 ---------------------------------------- Dated this the 4th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered under Section 379 I.P.C. The crux of the allegations is that the petitioner had cut and removed teak trees standing in puramboke land. The said puramboke land is situated within the private property of the petitioner. 2. The learned counsel for the petitioner submits that the petitioner is innocent. It is incorrect to say that the trees in question stood in any puramboke property. The trees stood only within the private property of the petitioner. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and detention. He may now be granted anticipatory bail. The learned counsel for the petitioner points out that the entire recovery is over and there is no need to insist on arrest and incarceration of the petitioner. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that appropriate conditions may be imposed. The learned Public Prosecutor confirms that no recovery remains to be effected. I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate conditions. B.A.No.1347/08 2 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11/03/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 12/03/2008 and 13/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A.No.1347/08 3 thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 11/03/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1347/08 4 B.A.No.1347/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007