~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 8th accused in O.R. No.4/2011 of Mupliyam Forest Station registered for the offence punishable under Section 27(1)(e)(iii)(vi) of the Kerala Forest Act.
3. The allegation against the petitioner and other accused is that A1, A2, A6 and A7 trespassed into the reserve forest and cut and removed 10 sandalwood trees and removed its timber. It is alleged that they sold it to the 3rd accused, who sold it to the 4th accused, who in turn, sold it to the present petitioner.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The contents of the CD, prima facie, reveal the complicity of the petitioner. Earlier two attempts of the BA.7810/2014 : 2 :
petitioner to get anticipatory bail from this Court were unsuccessful. There is no change of circumstances at all. The learned counsel for the petitioner seeks for an opportunity to the petitioner to surrender before the investigating officer and to co-operate with the investigation.
6. This bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery, if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/14/11