IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3968 of 2009() ------------------------------------ CRIME NO. 59/09 OF RAJAPURAM POLICE STATION .................................... PETITIONER/ACCUSED: ---------------------------------- ABOOBACKER.M.A., S/O.ABDULKHADER, ERATH HOUSE, P.O.PANATHUR, PANATHADY VILLAGE. BY ADV. SMT.T. SUDHAMANI RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3968 of 2009 ------------------------------------ Dated this the 28th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.59/2009 Rajapuram Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that the petitioner, who was granted right to cut trees from the Rajapuram Estate of the Plantation Corporation, cut and removed trees in excess numbers than that was allowed to be cut and thereby committed theft of 10 Cashew trees worth Rs.5,000/-. 4. The counsel for the petitioner submitted that the petitioner was awarded contract on earlier occasions also and that there was no allegation that he committed any theft. According to the petitioner, the present incident is the resulted of some misunderstanding. It is not necessary to arrive at a finding on these contentions in this Bail Application. B.A. No.3968/2009 Page numbers 5. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm