IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 136 of 2009()
1. P.B.KUTTAN, PALLIKKATTIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/01/2009
O R D E R
K.HEMA, J.
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B.A. No.136 OF 2009
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Dated this the 20th day of January, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 379 of I.P.C.
According to prosecution, petitioner has cut and removed
certain trees and committed the offence from the premises of
Leprosy hospital.
3. Learned counsel for petitioner submitted that
petitioner bid in the auction for cutting and removing some
dried trees from the compound of Leprosy Hospital and an
agreement was also executed for the same. Accordingly, he
had cut and removed trees, in the presence of the employees
in the hospital and as pointed out by them. But later,
allegation was made that he had cut and removed more trees
than what were agreed to be cut. Therefore, petitioner paid
the value of the said trees to the Superintendent of the
hospital and this was done on the strength of documents also.
Annexure A to E will prove the bonafides of petitioner. But, a
complaint is lodged under Section 379 of I.P.C., only with a
view to harass petitioner, which presumably is done at the
B.A.No.136 of 2009
2
instance of the forest officials, it is submitted.
On hearing both sides and on going through the
documents produced, I am satisfied that anticipatory bail can
be granted to petitioner on conditions :
Hence, the following order is passed.
Petitioner shall surrender before the Magistrate
court concerned within seven days from today
and he shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties
each for like sum to the satisfaction of the
learned Magistrate on the following conditions :
i) Petitioner shall report before the
Investigating Officer as and when directed
and co-operate with the investigation.
ii) Petitioner shall not influence or intimidate
any witness or commit any offence while
on bail.
The petition is allowed.
K.HEMA, JUDGE
pac