IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 7677 of 2008(E) ------------------------------------- O.R.8/2008 OF FOREST RANGE, MANNAMANGALAM .................... PETITIONER/2ND ACCUSED : ----------------------------------- BASHI, AGED ABOUT 35 YEARS, S/O. PAYYAPILLY VARGHESE, UNKAMPARA DESOM, PEECHI VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY THE DEPUTY RANAGER, FOREST STATION, MANNAMANGALAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------- B.A. No.7677 OF 2008 ---------------------------------- Dated this the 11th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 27(1)(e)iii and (iv) of the Kerala Forest Act. According to prosecution, the forest officials found 4 persons cutting and removing a teak tree from a reserved forest and on seeing the forest officials, all of them ran away. Nobody could be arrested from the spot. The incident happened on 30.10.2008. 3. Learned counsel for petitioner submitted that the tree was cut and removed from the property belonging to first accused. First accused has pattayam over the property and the copy of the same is Annexure B. Since the teak tree is cut and removed from the property of first accused, the crime is registered under Rule 4 of Kerala Forest Rules, 1995 also. If a teak tree is cut and removed from the property over which pattayam is granted, there can be only a violation of Rule 4 of Kerala Forest Rules and such violation constitute only a bailable offence. Offence under Section 27 and Rule 4 will not go together. Therefore, if petitioner is arrested, it is likely that B.A.No.7677 of 2008 2 he will be remanded and it will result in irreparable injury and loss, it is submitted. 4. Learned Public Prosecutor submitted that as per the case diary, the tree was cut and removed from a reserved forest and not from the property to which patta is issued. Therefore, offence under Section 27 will lie against petitioner. The forest officials have detected the crime and they have seen the accused running away from the spot. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and on going through the available records, it is clear that the offences included are under Section 27 as well as Rule 4 of Kerala Forest Rules, 1995 read with Section 76 of the Kerala Forest Act. A violation of Rule 4 of Kerala Forest Rules is punishable with imprisonment for six months or a fine which may extend to Rs.100 or both, under Rule 7 of the Kerala Forest Rules, 1995. Both of these provisions are quoted while registering the crime, which indicates, that the prosecution itself is not quite confirmed about the nature of the property from where the tree is cut and removed of course the investigation is in progress. However, petitioner has a strong defence to put forward. It could be established only during trial. In such B.A.No.7677 of 2008 3 circumstances, I am satisfied that it is only just and proper that anticipatory bail is granted to petitioner and the following order is passed : Petitioner shall surrender before the Magistrate court concerned within seven days from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the investigating officer within four days from the date of release on bail and co-operate with the investigation. ii) Petitioner shall report before the Investigating Officer as and when directed. iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac