IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6713 of 2009()
1. K.E.JAMES, S/O.ELDHO, AGED 43 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6713 of 2009
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Dated this the 1st day of December, 2009
O R D E R
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The petitioner
is accused No.1 in O.R. No.19/2009 of Chedalath Forest Range
Office, Sulthan Bathery.
2. The offence alleged against the petitioner is under
Section 27(1)(e)(iii) & (iv) of the Kerala Forest Act.
3. The prosecution case is that on 13/9/2009, accused
Nos. 1 to 3 trespassed into the Government forest and cut
and removed a Rose wood tree. They transported the same in
a vehicle belonging to the 3rd accused. The timber was sold to
the 4th accused.
4. The petitioner moved for anticipatory bail before
the Sessions Court, Kalpetta. That application was dismissed
by the order dated 3rd November, 2009.
5. It is submitted by the learned counsel for the
petitioner that there is no material to connect the petitioner
with the offence. After having heard the learned counsel for
B.A. No. 6713/2009
2
the petitioner and the learned Public Prosecutor, I am not
inclined to accept the contention raised by the petitioner. Prima
facie, there are materials to indicate that the petitioner is
involved in the offene. The offence alleged is serious in nature.
6. In the facts and circumstances of the case, I do not
think that the petitioner is entitled to get the discretionary relief
under Section 438 of the Code of Criminal Procedure.
The Bail Application is accordingly dismissed.
K.T. SANKARAN, JUDGE
scm