Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in O.R.No.3 of 2014 of the Murinjapuzha Forest Station, Idukki District, registered for the offence punishable under Section 27 of the Kerala Forest Act.
3. The allegation against the petitioner is that he has trespassed into the forest and constructed a new pathway to the house of the defacto complainant.
4. Heard the learned counsel for the petitioner and the learned Additional DGP as well.
5. It has come out that there are some disputes between the petitioner and the defacto complainant, which has resulted in the registration of the present occurrence report. In fact, no trees have been cut and removed from the forest.
6. Considering the facts and circumstances of the case, I do not think that custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner, on conditions.
7. In the result, this bail application is allowed and the investigating officer or such other officers, 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 Mondays and Thursdays, commencing from 17-11-2014 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 das // True copy // PA to Judge