IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1644 of 2009()
1. NAGARAJAN, S/O.VENKATACHALA PILLAI,
... Petitioner
Vs
1. FOREST RANGE OFFICER,
... Respondent
2. STATE OF KERALA, REPRESENTED
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/06/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1644 of 2009
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Dated this the 10th day of June, 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 the
first accused in O.R. No.1/2009 of Tholpetty Forest Range.
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 26/02/2009 at
about 9 P.M., while the Section staff of Bavali Section,
Tholpetty Forest Range was on patrol duty, they found some
people carrying timber on their head. On seeing the officers,
the accused ran away leaving the timber. One Chinnappa @
Chinnu (A5) was apprehended. The investigation reveals that
the petitioner is the kingpin of the offence and that large
quantity of timber trees were cut and removed from the
reserve forest. It is also revealed that the petitioner is the
accused in two other Session Cases involving abkari offences.
It is also stated in the statement filed by the first respondent
that it is reliable learnt that the petitioner is involved in forest
B.A. No. 1644 /2009
2
offence in the nearby Karnataka Reserve Forest.
4. In the facts and circumstances of the case, I do not
think that this is a fit case where discretionary jurisdiction under
Section 438 of the Code of Criminal Procedure can be invoked by
the petitioner. The petitioner is not entitled to get an order of
anticipatory bail.
The Bail Application is accordingly dismissed.
K.T. SANKARAN, JUDGE
scm