IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 567 of 2010() ---------------------------- CRIME NO.199/2009 OF SULTHAN BATHERY POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------------- N.C.HUSSAIN HAJI, AGED 64 YEARS, S/O.KUNMOHAMMED, PROPRIETOR, N.C.TIMBERS, NISHA MANZIL, MANIKUNI, SULTHAN BATHERY TALUK, WAYANAD. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REP.BY THE CIRCLE INSPECTOR OF POLICE, SULTHAN BATHERY POLICE STATION IN CR.199/2009 PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.567 of 2010 --------------------------------------------- Dated this the 9th day of February, 2010 ORDER The petitioner apprehends arrest in Crime No.199 of 2009 of Sulthan Batheri Police Station on an accusation of having committed non bailable offence. Therefore, he has filed this application for anticipatory bail. The learned Public Prosecutor submitted that rosewood trees were cut and removed by accused No.1 unauthorisedly. The timber was sold to accused No.2. Accused Nos.1 and 2 were arrested. Accused No.2 stated that the timber was sold to Hussain Haji, the petitioner herein. The learned Public Prosecutor submitted that as of now, the petitioner is not made an accused and he will be made an accused only when some concrete evidence is obtained. As of now, the learned Public Prosecutor submitted that there is no intention to arrest the petitioner. The learned Public Prosecutor also submitted that if the police intends to arrest the petitioner, after making him an accused, sufficient notice will be given to the petitioner. These submissions are recorded and the Bail Application is closed with liberty to the petitioner to move this BA No.567/2010 2 Court as and when it becomes necessary. The petitioner shall produce a copy of this order before the C.I. of Police, Sulthan Batheri. K.T.SANKARAN, JUDGE csl