~ ~ ~ ~ ~ ~ Petitions under Section 438 Cr.P.C. 2. Petitioners in B.A.No.7936/2014 are accused Nos.4 to 6 and petitioner in B.A.No.8006/2014 is the 8th accused in O.R. No.16/2014 of Mukkali Forest Station, Palakkad district registered for the offences punishable under Sections 27(1)(e)(iii) and (iv) of the Kerala Forest Act, 1961 and Sections 47(b) and 47(G)(1) of the Kerala Forest Act, 1961.
3. This is a case in which five sandalwood trees were allegedly cut and removed from the reserve forest by A2, A4, A5, A6 and A7. It is alleged that A8, who is the petitioner in B.A.No.8006/2014, has purchased 2½ Kgs. of sandalwood out of it, from the other accused.
4. Heard the learned counsel for the petitioners and the learned Additional DGP.
5. The contents of the CD, prima facie, reveal the complicity of the petitioners. The allegations against the petitioners are very grave and serious. According to the investigating officer, the custodial interrogation of these petitioners are required for the continued investigation of this case. Matters being so, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioners.
6. The learned counsel for the petitioners seeks for an opportunity to the petitioners to surrender before the investigating officer and to co-operate with the investigation.
In the result, these bail applications are dismissed. At the same time, if so advised, the petitioners may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioners, effect recovery if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioners 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.
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(B.KEMAL PASHA, JUDGE) aks/24/11 // True Copy // PA to Judge