IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9337 of 2011(D) ------------------------------------------ [O.R. NO.7/2011 OF KOLLAMKODE FOREST RANGE, PALAKKAD DISTRICT] ........... PETITIONER/ACCUSED: ---------------------------------- K.A.MUHAMMED BASHEER S/O.K.A. MUHAMMED YAKOOB, KARUKKA VEETTIL, CHANGALERI, MANNARKAD, PALAKKAD. BY ADVS. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN, SMT.T.J.SEEMA. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. BY PUBLIC PROSECUTOR SMT. S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.9337 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in O.R.No.7/2011 of Kollamkode Forest Range, Palakkad District for offence punishable allegedly under the Forest Act 1961. Petitioner conveniently avoided to mention the penal provisions. However, apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. Having heard either side, I find that the allegation against the petitioner is that he had transported sandal wood in a Ford Ikon Flair car bearing registration No.TN-04/N-2741 which is in his possession. It did not appear that the case was falsely foisted against the petitioner or that there was any attempt to arrest the petitioner without just reasons. In the above circumstances, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. P.S.GOPINATHAN, JUDGE su