IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5777 of 2008()
1. P.K.KESAVAN, S/O.GOPALAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY DETECTIVE
... Respondent
For Petitioner :SRI.E.K.MADHAVAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :25/09/2008
O R D E R
K. HEMA, J.
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B.A. No. 5777 of 2008
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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
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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
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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.