IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2091 of 2008()
1. ABDUL RAHIMAN @ THAKAMANI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.HARISH R. MENON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/04/2008
O R D E R
R. BASANT, J.
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B.A. No. 2091 OF 2008 F
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Dated this the 4th day of April, 2008
O R D E R
Application for anticipatory bail. Petitioner is the 3rd
accused. Altogether there are three accused persons. The
crime is registered under the provisions of the Kerala Forest
Act. The allegation is that accused 1 and 2 cut a teak tree
and removed logs from the reserve forest. The petitioner is
alleged to have purchased the teak logs for an amount of
Rs.2,750/- from accused 1 and 2. That is the only allegation
made against the petitioner. Accused 1 and 2 are brothers, it
is submitted.
2. The learned Public Prosecutor submits that it
appears that there is no case at all that the petitioner had any
role in the trespass or the cutting down of the trees and the
removal of the logs. He had only purchased the logs later, it
is conceded.
BA.2091/08
: 2 :
3. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer
and I am satisfied that the petitioner can be granted
anticipatory bail subject to appropriate terms and conditions.
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of
the petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 11.4.2008. He
shall be released on regular bail on condition that he executes
a bond for Rs.25,000/-(Rupees twenty five thousand only)
with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 1 p.m on 15.4.2008 and thereafter he shall appear as
and when directed by the investigating officer in writing to do
so.
BA.2091/08
: 3 :
(iii) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above
shall thereafter stand revoked and the police shall be at liberty
to arrest the petitioner and deal with him in accordance with
law, as if these directions were not issued at all.
(iv) If he were arrested prior to 11.4.2008, he shall be
released from custody on his executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate
on 11.4.2008.
(R.BASANT, JUDGE)
aks