IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 5805 of 2008() ----------------------------- O.R.NO.2/2008 OF KURUSUMUDI FOREST STATION PETITIONERS/ACCUSED NOS.2 TO 5 -------------------------------------------------- 1. M.V.SASIDHARAN, MADAVANATHARA HOUSE, PARAPPURAM, ALUVA, ERNAKULAM DISTRIT. 2. SAJI.C.E, S/O.CHACKO, ELLITHPARAPPIL HOUSE, NEELEESWARAM, KALADY, ERNAKULAM DISTRICT. 3. ANTONY.P.J, S/O.JOSEPH, PAYYAPPILLY HOUSE, NEELEESWARAM, KALADY, ERNAKULAM DISTRICT. 4. ANEESH.M.A, S/O.ANTONY, MUDAMCHIRAYIL HOUSE, MULLARIKKAD.P.O, PALLIKKAVALA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE DEPUTY RANGER, FOREST STATION, KURISUMUDI- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5805of 2008 ------------------------------------------------- Dated this the 24th day of September, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under Sections 27(1)(e)(iv)(v) of Kerala Forest Act. According to prosecution, soil was removed from the forest land by the petitioners at the instance of a contractor and a crime was registered on such allegations made by the Forest Range Officer. 3. Learned counsel for the petitioners submitted that the petitioners are workers under a Government Contractor, who is arrayed as first accused in the crime. The first accused was entrusted with the work of construction of main canal which passes through the reserve forest from the Idamalayar Dam to various parts of Ernakulam District for the purpose of irrigation. The first accused has carried out the work and he filed an application for anticipatory bail as B.A.No.5370/08 before this Court. As per order dated 3.9.2008, this court granted anticipatory bail to the first accused. Petitioners are only BA No.5805/08 2 workers under the first accused and they also not committed any offence, it is submitted. 4. On going through the records and after hearing both sides, the first accused was granted bail as per order dated 3.9.2008 in B.A.No.5370/08. I am satisfied that the petitioners also can be granted the same benefit for the reasons already discussed in the above said bail order. Hence, the following order is passed: Petitioners shall be released on bail in the event of their arrest on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will report before the Investigating Officer for interrogation as and when directed and co-operate with the investigation. The application is allowed. K.HEMA, JUDGE csl