IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4197 of 2009(A) --------------------------------------- O.R.NO. 16/2008 OF AYYANKAVU FOREST RANGE, KOLLAM DISTRICT .......................- PETITIONERS/NOT ARRAYED AS ACCUSED: -------------------------------------------------------------- 1. ANILKUMAR, S/O. KOCHUKUNJU, THADATHARIKATHU VEEDU, ROSMALA, KULATHUPUZHA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. SAJAYAN, S/O.RAVANAN, SAJAYA MANDIRAM, ROSMALA, KULATHUPUZHA VILLAGE, PATHANAPURAM, KOLLAM DISTRICT. 3. PRAKASH, S/O.MADHAVAN, AKASH BHAVAN, ROSMALA, KULATHUPUZHA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.S. MUHAMMED HANEEFF RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY FOREST RANGE OFFICER, RANGE OFFICE, ARYANKAVU FOREST RANGE, (OR NO.16/2008) THENMALA FOREST DIVISION, PATHANAPURAM TALUK, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4197 of 2009 ------------------------------------ Dated this the 12th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in O.R. No.16/2008 of Aryankavu Forest Range. 2. The offences alleged against the petitioners are under Sections 27 (1) (e) (iii) and (iv) of the Kerala Forest Act. 3. On 28.10.2008, the Forest Officials found that two teak trees were cut from Rajathottam Mala in Thalappara section in Aryankavu Range. The teak trees were found cut into 10 pieces. The Forest Officials removed the timber and a mahazar was prepared. No information could be gathered as to the persons who are involved in the offence. The Forest Officials detected the offence on getting secret information. 4. I have perused the Case Diary. The Case Diary only mentions that as per the secret information, the Investigating Officer suspects involvement of 5 persons including the petitioners herein. It is also revealed that the accused persons were keeping themselves away from the places for quite some time. B.A. No. 4197 of 2009 2 5. The learned Public Prosecutor submitted that the petitioners are innocent and that they are not involved in any offence. It is also pointed out that there is no material to arrive at a conclusion that the petitioners are involved in the offence. For the purpose of disposal of this Bail Application, it is not necessary to arrive at any finding on these aspects. 6. Taking into account the facts and circumstances of the case, the nature of the offence and the materials already on record, 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 Rs.25,000/- 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 all Mondays and Thursdays, 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; B.A. No. 4197 of 2009 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 ln The words “The learned Public Prosecutor” occurring in the first sentence in paragraph 5 of the final order dated 12.08.2009 in B.A.4197/2009 are substituted by the words “The learned counsel for the petitioners” as per order dated 10.03.2010 in B.A. 4197/2009. sd/- Registrar Judicial