IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2485 of 2009 O.R.NO.13 OF 2008 OF KASARAGODE FOREST RANGE PETITIONER: ACCUSED --------------------------- EBRAHIM, S/O. MUHAMMED, AGED 50 YEARS, AITHAKUAMER HOUSE, SALATHURE VILLAGE, SOUTH KARNATAKA. BY ADV. SRI.SOJAN MICHEAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2485 OF 2009 ------------------------------------------------------ Dated this the 2nd June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in OR. No.13 of 2008 of Kasaragode Forest Range. 2. The offence alleged against the petitioner is under Sections 27 (1)(d), (e) (iii) and (iv) of the Kerala Forest Act. 3. The prosecution case is that on 22.8.2008, it was detected that a teak tree was stolen from the Forest. A loss of Rs.65,000/- was occasioned to the State. It is stated that the first accused was arrested and he made a confession statement. On the basis of the confession statement, wherein the petitioner is also implicated, the petitioner apprehends that he would be arrested. Learned counsel for the petitioner submits that the first accused has later retracted the confession statement. 4. On going through the case file, the occurrence report and the B.A. NO. 2485 OF 2009 :: 2 :: mahazar, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/