IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2905 of 2009()
1. DAS.K.J., S/O.JOSEPH, KOCHUNIRAPPEL
... Petitioner
2. SUKUMARAN K.G., S/O.GOPALAN,
3. SAJEEVAN K.G., S/O.GOPALAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE FOREST RANGE OFFICER,
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/03/2010
O R D E R
* * * *V.*RAMKUMAR,*J.* * * *
* * * * * * * *
Bail* Application No. 2905 of 2009
* * * * * * * * * * * * * * * * *
Dated, this the 22nd day of March 2010
ORDER
In this application filed under Sec. 438 Cr.P.C. the
petitioners who are the accused in O.R. No. 14 of 2009 on the
file of the Devikulam Forest Range Office in Moonnar Division
for an offence punishable under Section 27(1)(d) of the Kerala
Forest Act for allegedly cutting a removing a rosewood tree in
the cardamom hill reserve which is a reserve forest notified
under Sec. 18 of Regulation II of 1068 M.E., seek anticipatory
bail.
2. The learned Public Prosecutor opposed the application.
3. It is too early to hold that the petitioners have not
trespassed into the reserve forest and committed the offence
alleged. Anticipatory bail cannot be granted in a case of this
nature. There is no reason why the petitioners should not
surrender before the Magistrate and seek regular bail. In case
the petitioners surrender before the Magistrate concerned and
file an application for regular bail within 2 weeks from today,
the Magistrate shall consider and dispose of their application
for regular bail preferably on the same date on which it is filed.
This petition is disposed of as above.
Sd/-V.RAMKUMAR,JUDGE.