IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4197 of 2009(A)
1. ANILKUMAR, S/O.KOCHUKUNJU,
... Petitioner
2. SAJAYAN, S/O.RAVANAN,
3. PRAKASH, S/O.MADHAVAN,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.MUHAMMED HANEEFF
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/08/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 4197 of 2009
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Dated this the 12th day of August, 2009
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioners are accused
Nos.1 to 3 in O.R. No.16/2008 of Aryankavu Forest Range.
2. The offences alleged against the petitioners are under
Sections 27 (1) (e) (iii) and (iv) of the Kerala Forest Act.
3. On 28.10.2008, the Forest Officials found that two teak
trees were cut from Rajathottam Mala in Thalappara section in
Aryankavu Range. The teak trees were found cut into 10 pieces.
The Forest Officials removed the timber and a mahazar was
prepared. No information could be gathered as to the persons who
are involved in the offence. The Forest Officials detected the
offence on getting secret information.
4. I have perused the Case Diary. The Case Diary only
mentions that as per the secret information, the Investigating
Officer suspects involvement of 5 persons including the petitioners
herein. It is also revealed that the accused persons were keeping
themselves away from the places for quite some time.
B.A. No. 4197 of 2009 2
5. The learned Public Prosecutor submitted that the
petitioners are innocent and that they are not involved in any
offence. It is also pointed out that there is no material to arrive
at a conclusion that the petitioners are involved in the offence.
For the purpose of disposal of this Bail Application, it is not
necessary to arrive at any finding on these aspects.
6. Taking into account the facts and circumstances of the
case, the nature of the offence and the materials already on
record, I am of the view that anticipatory bail can be granted to
the petitioners. There will be a direction that in the event of the
arrest of the petitioners, the officer in charge of the police station
shall release them on bail on their executing bond for Rs.25,000/-
each with two solvent sureties for the like amount to the
satisfaction of the officer concerned, subject to the following
conditions:
A) The petitioners shall report before the
investigating officer between 9 A.M and 11 A.M.
on all Mondays and Thursdays, till the final report
is filed or until further orders;
B) The petitioners shall appear before the
investigating officer for interrogation as and when
required;
B.A. No. 4197 of 2009 3
C) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioners shall not commit any offence or
indulge in any prejudicial activity while on bail.
E) 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
ln
The words “The learned Public Prosecutor” occurring
in the first sentence in paragraph 5 of the final order dated
12.08.2009 in B.A.4197/2009 are substituted by the words “The
learned counsel for the petitioners” as per order dated
10.03.2010 in B.A. 4197/2009.
sd/-
Registrar Judicial