IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2821 of 2008(V) ------------------------------------------------ OR NO.1/2008 of AZHUTHA FOREST RANGE ............ PETITIONER/ACCUSED: VIJAYAN, AGED 58 YEARS, S/O. KUMARAN, MATTEPLACKAL HOUSE MOOZHIKKAL SETTLEMENT, MOZHIKKAL BHAGAM, PEERUMEDU TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.No.2821 of 2008 --------------------------- ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. 2. Petitioner is the accused in O.R.No.1/08 of Azhutha Forest Range, registered for offence under Section 27(1)(e)(iii) of the Kerala Forest Act, alleging cutting and removal of two Mahagani trees from the property in his possession. It is the case of the petitioner that the trees cut and removed were those planted by him consequent on assignment of land to him by the Government. Those are all matters for consideration in the case. However, I am of the view that the petitioner can be granted anticipatory bail, considering the circumstances of the case, though however, imposing necessary conditions. In the result, allowing this application, I direct that the petitioner shall surrender before the Magistrate concerned positively on or before BA 2821/08 2 13.5.2008 and shall deposit by way of cash security an amount of Rs.2,000/- and shall thereafter execute bail bond for Rs.20000/- with two solvent sureties each for like sums to the satisfaction of the Magistrate. On the above conditions being satisfied, the petitioner can be enlarged on bail. On such release, the petitioner shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioner, if need be and the Magistrate granting it, if deemed fit, necessary and legal. BA 2821/08 3 On release the petitioner shall co-operate with the investigation in the case, shall not get himself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town, in which he is having his permanent residence, the details of which shall be furnished to the court and to the Investigating Officer immediately on release on bail. 6th May, 2008 (K.P.Balachandran, Judge) tkv