IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 650 of 2008() ---------------------------- CRIME NO. 3/08 OF MANNARAPPARA FOREST RANGE PETITIONER/A4 ----------------- R.STANLEY, S/O. RAJAN, PREETHI BHAVANAM, PATHANAPURAM. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 650 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is said to be the 4th accused. He, along with the co-accused, faces allegations under Section 27 of the Forest Act. 2. The learned Prosecutor after perusing the case diary summarises the allegations against the accused persons as follows. The first accused was badly in need of money. He contacted the third accused for money. The third accused did not have cash with him. He told the first accused that if he could cut and remove a rosewood tree, which had already fallen, from the forest, they will be able to raise money. The services of the second accused was also enlisted. Accused 1 to 3 allegedly went to the forest. In a couple of days they had cut the fallen tree into logs. Accused 1 and 2 removed the logs from the forest in a vehicle. The third accused was not available to receive the logs. At that stage accused 1 and 2 thought of otherwise disposing of the logs. They remembered that the petitioner/A4 had wanted B.A.No. 650 of 2008 2 rosewood logs. They contacted him. He asked them to deliver the same in a saw mill. It was delivered there. In the mean time, on getting information, the forest officials caught hold of accused 1 and 2. They have already been enlarged on bail. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances that I have already adverted to, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner, I am satisfied. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 13.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent B.A.No. 650 of 2008 3 sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 14.2.2008 and 15.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 13.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 13.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 13.2.2008. (R. BASANT) tm Judge B.A.No. 650 of 2008 4