IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5186 of 2008()
1. JINTO, S/O.SEBASTIAN, AGED 32 YEARS,
... Petitioner
2. SANTHOSH, S/O.RAJAN, AGED 19 YEARS,
3. KANNAN @ ANEESH, S/O.CHINNA, AGED 19 YRS
Vs
1. STATE OF KERALA, REP.BY FOREST RANGE
... Respondent
For Petitioner :SRI.GEORGE MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :02/09/2008
O R D E R
K.HEMA, J.
-------------------------------------------------------
Bail Application No.5186 of 2008
-------------------------------------------------------
Dated this the 2nd day of September, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 27(1)(e)(iii)
and (iv) of Kerala Forest Act. According to prosecution,
petitioners along with two others removed a venga tree which
they had allegedly cut from a forest. The first and the second
accused were arrested from the spot. But, the petitioners ran
away.
3. Learned counsel for the petitioners submitted that the
mahazar itself shows that the tree is a dry tree and that the
petitioners were not arrested from the spot. They were
implicated only on the basis of a confession statement and as per
the confession statement, the tree was required for the purpose
of construction of a house. But, venga tree is not used for
construction of the house, it is submitted.
4. This petition is opposed. Learned public prosecutor
submitted that in an offence of this nature, it may not be proper
BA No.5186/08 2
to grant anticipatory bail. Petitioners were found running away
from the scene and they were identified by the Forest Officials.
But, they could not be arrested. Petitioners will be required for
identification. Therefore, it may not be proper to grant
anticipatory bail.
5. On hearing both sides, I am satisfied that in the
nature of allegations made, petitioners will be required for
interrogation and it may not be proper to grant anticipatory bail.
The petition is dismissed.
K.HEMA, JUDGE
csl