IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6289 of 2008()
1. ABDUL REHIMAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :14/10/2008
O R D E R
K.HEMA, J.
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B.A.No. 6289 of 2008
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Dated this the 14th October, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 27(1)(e)(iii) and
(iv) of the Kerala Forest Act. According to prosecution, the
petitioner, along with the first accused, had gone in an auto
rickshaw for the purpose of cutting a Sandalwood tree. The
auto rickshaw was found parked by the side of the forest and
the driver was found in the forest and on questioning, it is
revealed that the petitioner had gone inside the forest to cut
the Sandalwood. On examination, it was found that a
Sandalwood tree was cut, but the petitioner could not be
arrested.
3. Learned counsel for petitioner submitted that the
petitioner is absolutely innocent of the allegations made. The
prosecution is only creating a story of cutting a Sandalwood
tree. The tree allegedly cut is only worth Rs.1,000/-, even
according to prosecution. The said tree cannot be used for any
purpose for which Sandalwood is used. It is also submitted
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that the petitioner could not be traced out in the forest, even
according to the prosecution case. He was at that time present
in the hospital along with his wife as evidenced by the medical
certificate issued from the hospital, which is marked as
Annexure-A. It is also submitted that the only material to
connect the petitioner with the offence is the statement
allegedly given by the first accused, who is an auto rickshaw
driver.
4. This petition is opposed. Learned Public Prosecutor
submitted that the petitioner is required for investigation and
the offence alleged is of serious nature. The petitioner is
actually involved in the crime as stated by the first accused.
5. On hearing both sides, it is clear that the only material
available to connect the petitioner with the crime is the
statement given by the first accused. The Sandalwood tree
allegedly cut is only worth Rs.1,000/-, which means, the tree
must be very small one. Though I am not inclined at this stage
to rely upon Annexure-A to support the plea of alibi, on the
facts and circumstances of the case, I think it fit to grant
anticipatory bail on conditions.
BA.5381/08 3
Hence, the following order is passed:
Petitioner shall surrender before the
investigating officer within seven days from today and
make himself available for interrogation and co-
operate with the investigation and in the event of his
arrest, 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 arresting officer,
on the following conditions:
i) Petitioner shall report before the
investigating officer as and when
directed.
ii) Petitioner shall co-operate with the
investigation.
iii) Petitioner shall not commit any offence
while on bail.
Petition is allowed.
K.HEMA, JUDGE
vgs.