Petition under Section 438 Cr.P.C. 2. Petitioner is the first accused in Crime No.1351/2014 of Pothanikad Police Station registered for the offence punishable under Section 379 of the Indian Penal Code read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that he has sold an Anjili tree, which was standing in the puramboke property adjoining his property, to accused Nos.2 and 3 and, on 22.11.2014 at 8 a.m., they cut and removed the said tree, thereby causing a wrongful loss of ₹90,000/- to the Government.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. The petitioner is a 82 year old man suffering from various ailments. It seems that the entire pieces of timber have been recovered. According to the learned counsel for the petitioner, even now the petitioner does not know whether the said tree was standing in a puramboke land or not. The said land is still in the possession of the petitioner and is lying contiguously with his other properties. The investigation of this case is practically over. It seems that accused Nos.2 and 3 have already been placed under arrest. No criminal antecedents have been reported against the petitioner. Considering the facts and circumstances of the case, the age of the petitioner and the present stage of the investigation, I do not think that custodial interrogation of the petitioner is required for the continued investigation of the case and therefore, this is a fit case wherein anticipatory bail can be granted to the petitioner.
5. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 16.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/ B.KEMAL PASHA, JUDGE dl // True Copy // PA to Judge