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.
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B.A.No. 6757 of 2007
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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
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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
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