High Court Kerala High Court

Unnikrishnan Kartha vs Forest Officer on 26 November, 2007

Kerala High Court
Unnikrishnan Kartha vs Forest Officer on 26 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6757 of 2007()


1. UNNIKRISHNAN KARTHA, AGED 53,
                      ...  Petitioner
2. K.J.JOHN @ JOSE, AGED 55 YEARS,

                        Vs



1. FOREST OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.K.V.SABU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :26/11/2007

 O R D E R
                             R. BASANT, J.
                   - - - - - - - - - - - - - - - - - - - - - -
                     B.A.No. 6757 of 2007
                   - - - - - - - - - - - - - - - - - - - - - -
           Dated this the 26th day of November, 2007

                                O R D E R

Application for anticipatory bail. The petitioners are

alleged to have cut down trees which admittedly stand in the

property assigned to the first petitioner. There is a dispute as to

whether the first petitioner is entitled to cut the trees or not.

The learned Prosecutor asserts that the petitioners are not entitled

to cut the trees, whereas the petitioners asserts that there is no

impediment, going by the document of assignment against

cutting of trees which are not there at the time of assignment. I

shall not enter into that controversy in detail.

2. The learned counsel for the petitioners submits that the

petitioners are absolutely innocent. Anticipatory bail may be

granted to them, it is prayed.

3. The learned Prosecutor opposes the application.

Notwithstanding the opposition I am satisfied, in the facts and

B.A.No. 6757 of 2007
2

circumstances of this case, that anticipatory bail can be granted to the

petitioners, subject to appropriate conditions.

4. In the result:

(1) This application is allowed.

(2) The following directions are issued under Section 438

Cr.P.C.

(a) The petitioners shall surrender before the learned Magistrate

on 3.12.2007 at 11 a.m. The learned Magistrate shall release the

petitioners on regular bail on condition that they execute bonds

for Rs.25,000/- (Rupees twenty five thousand only) each with two

solvent sureties each for the like sum to the satisfaction of the learned

Magistrate.

(b) The petitioners shall make themselves available for

interrogation before the Investigating Officer between 10 a.m. and 3

p.m. on 4.12.07 and 5.12.2007 and thereafter as and when directed by

the Investigating Officer in writing to do so.

(c) If the petitioners do not appear before the learned Magistrate

as directed in clause (1) above, these directions shall lapse on 3.12.07

B.A.No. 6757 of 2007
3

and the police shall be at liberty thereafter to arrest the petitioners and

deal with them in accordance with law.

(d) If the petitioners were arrested prior to their surrender on

3.12.2007 as directed in clause (1) above, they shall be released on

bail on their executing bonds for Rs.25,000/- each without any surety

undertaking to appear before the learned Magistrate on 3.12.2007.

(R. BASANT)
Judge

tm