IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1716 of 2007()
1. M.A.ANEES, S/O M.H.ALIYAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.MOHAMMED
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/03/2007
O R D E R
V. RAMKUMAR, J.
````````````````````````````````````````````````````
B.A. No. 1716 OF 2007
````````````````````````````````````````````````````
Dated this the 26th day of March, 2007
O R D E R
Petitioner, who is the 5th accused in O.R.No.1/07 of Azhutha
Forest Range for an offence punishable under section 27(i)(e), (iii) and
(iv) of the Kerala Forest Act, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is also
involved in the cutting and removal of a rosewood tree from the
Thottapura Eucalyptus Plantation at Peerumedu on 22.1.07 and the
subsequent removal of the same to a saw mill at Ayarkunnam village.
3. Anticipatory bail cannot be granted in a case of this nature.
But at the same time, I am inclined to permit the petitioner to surrender
before the Investigating Officer namely, Forest Range Officer, Azhutha
for the purpose of interrogation and then to have his application for
regular bail considered by the Magistrate having jurisdiction.
Accordingly, the petitioner is directed to surrender before the
Investigating Officer on any day between 2.4.2007 and 4.4.2007 for the
purpose of interrogation and recovery of incriminating materials, if any.
The petitioner shall, thereafter, be produced on the same day before the
BA.1716/07
: 2 :
concerned Magistrate, who shall consider and dispose of the
application, if any, filed by the petitioner for regular bail. Such
consideration of disposal shall preferably be on the same date on which
it is filed.
This application is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks