IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1075 of 2008() ----------------------------- CRLMP.250/2008 of DISTRICT COURT, KALPETTA CRIME NO.23/2008 OF AMBALAVAYAL POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. SHAJI GEORGE, AGED 43 YEARS, S/O.GEORGE, SHAJI VILLA, RESIDING AT CHULLIODE, CHULLIODE POST, NENMENI VILLAGE, S.BATHERY TALUK. 2. VINOD, AGED 35 YEARS, S/O.RAMANUJAN, KIZHAKKEKOROMBALLI HOUSE, RESIDING AT KARADIPPARA, NENMENI VILLAGE, S.BATHERY TALUK. BY ADV. SRI.JOICE GEORGE RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, AMBALAVAYAL POLICE STATION, AMBALAVAYAL, P.O.WAYANADU DIST. BY PUBLIC PROSECUTOR, SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1075 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations under Section 379 I.P.C. The crux of the allegations against them is that a rosewood true standing in the property of the first accused was felled by accused 1 and 2 in collusion with the other accused and the logs were removed. This allegedly is the offence under Section 379 I.P.C. alleged against the petitioners. Investigation has made progress. The logs of the felled tree have already been recovered. The petitioners pray that anticipatory bail may be granted to them. 2. The learned Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. 5. In the result: (1) This application is allowed. B.A.No. 1075 of 2008 2 (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 29.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 1.3.08 and 2.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer between 10 and 12 noon on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. B.A.No. 1075 of 2008 3 (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 29.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 29.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 29.2.2008. (R. BASANT) Judge tm