High Court Kerala High Court

Sreejayan vs The State Of Kerala on 29 March, 2007

Kerala High Court
Sreejayan vs The State Of Kerala on 29 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1926 of 2007()


1. SREEJAYAN, S/O.SREEDHARAN,
                      ...  Petitioner
2. ABDU RAHIMAN @ HYDRU,
3. K.UMMER, S/O.MUHAMMED HAJI,

                        Vs



1. THE STATE OF KERALA, REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :29/03/2007

 O R D E R
                             V.RAMKUMAR, J.

                             ----------------------------

                      Bail Application No. 1926/2007

                             -----------------------------

                   Dated this  29th day of March, 2007


                                   O R D E R

The petitioners, three in number, seek anticipatory

bail on the allegation that the Forest Range Officer, Ottappalam is

about to arrest the petitioners in connection with O.R.No.2/2007

registered for an offence punishable under Section 27 of the

Kerala Forest Act.

2. The learned Public Prosecutor, on instructions,

submitted that as per Annexure-A notice issued under Section 160

Cr.P.C., the Forest Range Officer wanted to record the statement

of the petitioners being persons acquainted with the facts of the

case and that the petitioners are not accused in the above case.

It cannot be said that the Forest Range Officer who conducts

investigation into an offence is not entitled to summon any person

acquainted with the facts of the case for the purpose of recording

his statement under Section 160 Cr.P.C. If so, the apprehension

of arrest entertained by the petitioners is unfounded.

3. This application is closed recording the submission

made by the learned Public Prosecutor.

V.RAMKUMAR,

JUDGE

mrcs

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