IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 5777 of 2008() ----------------------------- (IN CBCID CRIME NO.304/2006 (THIRUNELLI POLICE STATION CRIME NO. 32/2006) : PETITIONER/ACUSED NO.4 --------------------------------------------- P.K.KESAVAN, S/O.GOPALAN, SUPERVISOR, ZONAL OFFICE, HINDUSTAN NEWSPRINT LTD., NEWSPRINT NAGAR, KOTTAYAM. BY ADV. SRI.E.K.MADHAVAN SMT.P.VIJAYAMMA SRI.P.J.ANILKUMAR SRI.DEVIDAS.U.K RESPONDENT(S): --------------- STATE OF KERALA, REP. BY DETECTIVE INSPECTOR, CRIME BRANCH CID, WAYANAD, THROUGH PUBLIC PROSECUTOR AT HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5777 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 407, 468, 471, 420, 409 read with section 34 IPC. According to prosecution, the Hindustan News Print Ltd. was allowed to cut and remove eucalyptus trees from a portion of the forest. Passes were also issued by the forest officials for cutting and removing trees from the forest. Petitioner is a Supervisor of Hindustan News Print Ltd. and he has to countersign the passes. 152 loads of eucalyptus trees were removed from the forest, but only 118 loads reached to the Hindustan News Print Ltd. 34 loads were misappropriated and for this purpose passes were forged by the contractors with the aid of petitioner is the allegation. 3. Learned counsel for petitioner submitted that petitioner is still working in the Hindustan News Print Ltd. He is only a Supervisor who has to issue chalans for sales-tax. He also counter signs the passes. But, he has only countersigned only 118 passes and he is absolutely innocent of the allegations made. He has no role in actually transporting the wood from the forest. Petitioner was repeatedly interrogated by the BA 5777 /08 -2- Investigating Officer and hence his further interrogation may not be required. 4. Learned counsel for petitioner also submitted that the petitioner has no involvement in the 34 loads which are misappropriated. He has not countersigned any passes for transporting such loads. The Management of the Hindustan Newsprint Ltd is convinced that the petitioner is innocent and after two days of suspension, petitioner was reinstated in service and still he is working in the Hindustan Newsprint Ltd as Supervisor. In such circumstances, anticipatory bail may be granted, it is submitted. 5. This petition is opposed. Learned Public Prosecutor submitted that it is not correct to say that petitioner has no role in the transaction. Petitioner as the Supervisor used to be present when the trees were cut and removed and transported from the forest. Without his knowledge, the offence cannot be committed, since the passes are required to be countersigned by petitioner. As per the allegation, the passes are forged and petitioner is also involved in the forgery for the purpose of removing 34 loads unauthorizedly under the guise it is for the purpose of Hindustan News Print Ltd. Learned Public Prosecutor BA 5777 /08 -3- conceded that the petitioner is interrogated by the police and petitioner may not be required for further interrogation. 7. On hearing both sides, I find that the petitioner can be granted anticipatory bail and the following order is passed:- Petitioner shall surrender before the Magistrate Court concerned within ten days from today and if bail application is filed, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) Petitioner shall co-operate with the investigation. ii) Petitioner shall report before the investigating officer as and when directed. iii) Petitioner shall not tamper with evidence or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE mn.