IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl No. 6859 of 2007() 1. KODALI KUNHUMUHAMMED, AGED 71 YEARS, ... Petitioner Vs 1. THE STATE OF KERALA REPRESENTED BY THE ... Respondent For Petitioner :SRI.BABU S. NAIR For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice R.BASANT Dated :22/11/2007 O R D E R R. BASANT, J. ------------------------------------------------- B.A. No.6859 OF 2007 ------------------------------------------------- Dated this the 22nd day of November, 2007 ORDER
Application for anticipatory bail. The petitioner faces
allegations under the Kerala Forest Act. On receipt of discreet
information, the officials of the Forest Department conducted
the search of a residential premises occupied by the widowed
sister of the petitioner herein. 140 Kgs. of sandal wood
freshly/recently collected from the forest were found concealed
in the premises in gunny bags. The investigation suggested to
the officials that the sandal pieces were kept in the premises
by the petitioner and his son. Accordingly, a crime has been
registered. The petitioner and his son have been shown as
accused 1 and 2. Investigation is in progress. The officials
have not been able to arrest the petitioner or his son so far.
The petitioner apprehends imminent arrest.
B.A. No.6859 OF 2007 -: 2 :-
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. He is old, sick and infirm.
Recovery was not effected from his house. There is also a
submission at the Bar that the petitioner is mentally ill. In these
circumstances, directions under Sec.438 of the Cr.P.C. may be
issued in favour of the petitioner, prays the learned counsel for
the petitioner.
3. The learned Public Prosecutor opposes the application.
The Case Diary has been placed before me for my perusal. I
have perused the same. The indications reveal that though the
house belongs to the widowed sister of the petitioner, the
petitioner and his son used to frequently visit the said house.
At the moment and with the available inputs, I find no
circumstances which can justify or warrant the invocation of the
extraordinary equitable discretion under Sec.438 of the Cr.P.C.
This, I agree with the learned Public Prosecutor, is a fit case
where the petitioner must appear before the Investigating
Officer or the learned Magistrate having jurisdiction and then
seek regular bail in the ordinary course.
4. In the result, this bail application is dismissed; but with
the observation that if the petitioner surrenders before the
Investigating Officer or the learned Magistrate and seeks bail,
B.A. No.6859 OF 2007 -: 3 :-
after giving sufficient prior notice to the Prosecutor in charge of
the case, the learned Magistrate must proceed to pass
appropriate orders on merits and expeditiously.
Sd/-
(R. BASANT, JUDGE)
Nan/
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P.S. to Judge